Skip to main content

Full text of "Journal of the House of Representatives of the State of New-Hampshire, at their session, ."

See other formats


Unwersitj;  of 

n&v  Hampshire 

Ubmiy 


JOURNAL 

OF  THE 

HOUSE  OF  REPRESENTATIVES 

SPECIAL  SESSION  OF  1974 


EVANS  PRINTING  COMPANY 

CONCORD       •       NEW     HAMPSHIRE 


JOURNAL 

OF  THE 

HOUSE  OF  REPRESENTATIVES 

SPECIAL  SESSION  OF  1974 

Tuesday^  19Feb74 

CALL  OF  THE  SESSION 


Whereas,  the  welfare  of  the  State  requires  the  reconvening 
of  the  General  Court  for  the  purposes  of  considering  a  capital 
budget,  food  stamp  legislation,  a  cost  of  living  formula  for  state 
retirees,  financial  relief  to  our  cities  and  towns  to  help  elderly 
citizens  and  other  taxpayers,  time  and  one-half  pay  for  all  over- 
time for  state  employees,  and  the  energy  crisis;  and 

Whereas,  the  Executive  Department  in  calling  such  a  ses- 
sion intends  a  limited  agenda  of  those  items  deemed  very  im- 
portant to  the  welfare  of  the  State; 

NOW,  THEREFORE,  the  Governor  and  Council,  on  mo- 
tion duly  seconded,  hereby  exercise  their  executive  legislative 
authority  under  Part  2,  Article  50,  of  the  New  Hampshire  Con- 
stitution and  summon  the  General  Court  to  reconvene  in 
Special  Session  at  11:00  A.M.  on  Tuesday,  February  19,  1974, 
for  the  purpose  of  considering  the  above  enumerated  matters 
affecting  the  welfare  of  the  State. 

Meldrim  Thomson,  Jr.,  Governor 

With  the  advice  of  the  Council: 

Robert  L.  Stark,  Secretary  of  State 

Prayer  was  offered  by  Assistant  Chaplain  Father  Francis  J. 
O'Connor. 

May  the  blessing  of  God  Almighty,  the  Father,  the  Son,  and 
the  Holy  Spirit  rest  upon  us,  and  upon  all  our  work  and  worship 
done  in  His  Name.  May  He  give  light  to  guide  us,  courage  to 
support  us,  and  love  to  unite  us,  now  and  forever  more.  Amen. 


2  House  Journal,  19Feb74 

PLEDGE  OF  ALLEGIANCE 
Rep.  Bell  led  the  Pledge  of  Allegiance. 

COMMUNICATION 

Mr.  J.  Milton  Street,  Clerk 
House  of  Representatives 

Dear  Mr.  Street: 

The  folloAving  Representatives-elect  have  appeared  before 
the  Governor  and  Council  and  were  sworn  into  office: 

September  26,  1973,  Hillsborough  County  Dist.  8 
Armand  A.  Archambault,  Goffstown 
Jo  Ellen  Orcutt,  Goffstown 
Antonio  J.  Roy,  Jr.,  Goffstown 

November  14,  1973,  Hillsborough  County  Dist.  30   (Manches- 
ter, Ward  6) 

Dorothy  J.  Dre^vniak,  Manchester 

Grafton  County  Dist.  14  (Lebanon,  Wards  1.  2,  3) 
Joanne  L.  Symons,  Lebanon 

December  12,  1973,  Rockingham  County  Dist.  4 
Paul  A.  Gibbons,  Derry 

January  2,  1974,  Cheshire  County  Dist.  15  (Keene,  Ward  4) 
Muriel  K.  Cooke,  Keene 

January  23,  1974,  Cheshire  County  Dist.  5 
Augustine  J.  Marshala,  Swanzey 

Hillsborough  County  Dist.  26  (Manchester,  Ward  12) 
James  A.  Normand,  Manchester 

Strafford  County  Dist.  1 1  (Rochester,  Ward  4) 
Arthur  Gagnon,  Rochester 

Robert  L.  Stark 
Secretary  of  State 

LEAVES  OF  ABSENCE 
Rep.  Palfrey,  the  day,  illness. 
Reps.  Goodrich  and  Gary  the  week,  illness. 
Rep.  Woods,  indefinite,  illness. 


House  Journal,  19Feb74  3 

Reps.  George  E.  Lemire  and  Erickson,  the  day,  important 
business. 

Rep.  Woodward,  today  and  tomorrow,  important  business. 

Rep.  Saunders,  the  week,  important  business. 

Rep.  Estabrook,  indefinite,  important  business. 

RESOLUTIONS 

Reps.  George  B.  Roberts,  Jr.  and  Coutermarsh  offered  the 
following  resolution. 

Resolved,  that  the  honorable  Senate  be  notified  that  the 
House  of  Representatives  will  be  ready  to  meet  the  Senate  in 
joint  convention  at  11:30  o'clock  for  the  purpose  of  receiving 
his  excellency  the  governor  and  any  communication  he  may  be 
pleased  to  make,  and  that  a  joint  committee  of  five  consisting 
of  three  on  the  part  of  the  House  and  two  on  the  part  of  the 
Senate  be  appointed  to  wait  upon  his  excellency  and  inform 
him  accordingly. 

Adopted. 

The  Speaker  appointed  Reps.  George  B.  Roberts,  Jr., 
Coutermarsh  and  Bell. 

Reps.  George  B,  Roberts,  Jr.  and  Coutermarsh  offered  the 
following  resolution. 

Resolved,  that  the  honorable  Senate  be  notified  that  the 
House  of  Representatives  has  assembled  under  the  authority 
of  the  call  of  a  special  session  by  the  governor  and  council,  and 
is  now  ready  to  proceed  with  the  business  of  the  1974  special 
session. 

Adopted. 

Rep.  Zachos  offered  the  following: 

Resolved,  that  in  accordance  with  the  list  in  the  possession 
of  the  clerk.  House  Bills  numbered  1  through  35  shall  be  by 
this  resolution  read  a  first  and  second  time  by  the  therein  listed 
titles,  and  referred  to  the  therein  designated  committees. 

Adopted. 


4  House  Journal,  19Feb74 

INTRODUCTION  OF  HOUSE  BILLS 

First,  second  reading  and  referral 

HB  1,  making  supplemental  appropriations  for  expenses 
of  certain  departments  of  the  state  for  the  fiscal  years  ending 
June  30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes.   (Drake  of  Coos  Dist.  3  —  To  Appropriations) . 

HB  2,  making  appropriations  for  capital  improvements. 
(Mann  of  Hillsborough  Dist  3;  Raymond  of  Cheshire  Dist.  12 
—  To  Public  Works) . 

HB  3,  relative  to  establishment  of  a  food  stamp  program 
and  making  an  appropriation  therefor.  (D'Allesandro  of  Hills- 
borough Dist.  34;  Gallen  of  Grafton  Dist.  1;  McLane  of  Merri- 
mack Dist.  16;  Sen.  Trowbridge  of  Dist.  11  —  To  Public  Health 
and  Welfare) . 

HB  4,  providing  supplemental  grants  to  families  with  de- 
pendent children  and  making  an  appropriation  therefor.  (Brun- 
got  of  Coos  Dist.  8;  McLane  of  Merrimack  Dist.  16;  Roberts  of 
Belknap  Dist.  4;  Gelinas  of  Hillsborough  Dist.  31  —  To  Public 
Health  and  Welfare)  . 

HB  5,  establishing  an  emergency  energy  authority  and  mak- 
ing an  appropriation  therefor.  (Coutermarsh  of  Hillsborough 
Dist.  24;  LaRoche  of  Strafford  Dist.  11  —  To  Executive  Depart- 
ments and  Administration) . 

HB  6,  providing  overtime  pay  for  certain  classified  state 
employees,  and  making  an  appropriation  therefor.  (Noble  of 
Merrimack  Dist.  21  —  To  Executive  Departments  and  Admin- 
istration) . 

HB  7,  permitting  municipalities  to  establish,  acquire,  main- 
tain and  operate  public  transportation  facilities  in  cooperation 
with  governmental  units  of  adjoining  states  and  permitting 
broader  cooperation  in  furnishing  of  municipal  services.  (Cham- 
bers of  Grafton  Dist.  13;  Symons  of  Grafton  Dist.  14;  Hough 
of  Grafton  Dist.  14  —  To  Municipal  and  County  Government) . 

HB  8,  permitting  the  election  of  delegates  to  national  party 
conferences.  (Hildreth  of  Belknap  Dist.  7;  Orcutt  of  Hills- 
borough Dist.  8  —  To  Statutory  Revision) . 

HB  9,  increasing  the  debt  limit  for  the  Londonderry  school 
district.    (Boucher  of  Rockingliam  Dist.  3  —  To  Education) . 


House  Journal,  19Feb74  5 

HB  10,  providing  for  a  special  license  to  hunt  pheasants; 
and  authorizing  the  director  of  fish  and  game  to  implement  a 
buck  law  on  a  county,  town,  city  or  area  basis,  with  the  approval 
of  the  fish  and  game  commission.  (Maynard  of  Rockingham 
Dist.  18;  Richardson  of  Coos  Dist.  4;  Hunt  of  Coos  Dist.  2; 
Huggins  of  Coos  Dist.  1  —  To  Fish  and  Game) . 

HB  11,  to  increase  the  salaries  of  state  classified  employees 
and  non-exempt  employees  of  the  university  system  and  provid- 
ing differential  pay  to  classified  prison  employees  and  making 
appropriations  therefor.  (Coutermarsh  of  Hillsborough  Dist. 
24;  Roberts  of  Belknap  Dist.  4;  Sen.  Nixon  of  Dist.  9  —  To 
Executive  Departments  and  Administration) . 

HB  12,  conforming  tax  commission  references  in  the  cur- 
rent use  taxation  law  to  the  revised  revenue  administration  laws. 
(Nutt  of  Grafton  Dist.  13  —  To  Executive  Departments  and 
Administration)  . 

HB  13,  repealing  the  termination  date  of  RSA  357-B. 
(Murray  of  Belknap  Dist,  9  —  To  Transportation) . 

HB  14,  revising  the  management-employee  relations  law 
for  state  employment.  (Coutermarsh  of  Hillsborough  Dist.  24 
—  To  Labor,  Human  Resources  and  Rehabilitation) . 

HB  15,  relative  to  redistricting  the  ward  lines  of  the  city 
of  Laconia.  (Huot  of  Belknap  Dist.  6;  Hildreth  of  Belknap  Dist. 
7  —  To  Special  Committee  —  Laconia  Delegation) . 

HB  16,  permitting  public  accountants  to  form  a  profession- 
al  association.  (Plourde  of  Merrimack  Dist.  7  —  To  Statutory 
Revision)  . 

HB  17,  increasing  the  mileage  rate  for  all  state  employees 
using  privately  owned  passenger  vehicles  and  making  an  appro- 
priation therefor.  (O'Connor  of  Strafford  Dist.  15;  Hildreth  of 
Belknap  Dist.  7  —  To  Executive  Departments  and  Administra- 
tion) . 

HB  18,  requiring  local  approval  prior  to  approval  of  site 
plans  for  oil  refineries.  (Dudley  of  Strafford  Dist.  4  —  To  Mu- 
nicipal and  County  Government) . 

HB  19,  increasing  the  amount  of  political  expenditures 
authorized  for  candidates  in  primary  and  general  elections  seek- 
ing the  office  of  governor,  U.S.  senator,  representative  in  con- 


6  House  Journal,  19Feb74 

gress,  governor's  councilor,  county  officer,  state  senator  or  rep- 
resentative to  the  general  court.  (McLane  of  Merrimack  Dist. 
16;  Chandler  of  Merrimack  Dist.  3  —  To  Statutory  Revision) . 

HB  20,  increasing  the  interest  rate  of  housing  authority 
bonds.  (Bigelow  of  Merrimack  Dist,  3  —  To  Statutory  Revi- 
sion) . 

HB  21,  relative  to  the  duties  of  the  state  board  of  educa- 
tion and  prohibiting  the  expenditure  of  public  moneys  in  non- 
public schools  unless  said  schools  have  program  approval  by  the 
department  of  education.  (French  of  Belknap  Dist.  1  —  To 
Education) . 

HB  22,  establishing  a  critical  lands  commission;  providing 
for  the  classification  of  certain  land  areas  of  the  state  as  critical 
and  making  an  appropriation  therefor.  (Claflin  of  Carroll  Dist. 
4;  Greene  of  Rockingham  Dist.  17;  Barrus  of  Sullivan  Dist.  2; 
Kopperl  of  Merrimack  Dist.  9  —  To  Environment  and  Agricul- 
ture and  Resources,  Recreation  and  Development) . 

HB  23,  continuing  present  city  of  Somersworth's  elected 
officials  in  office  until  next  regular  election  and  electing  consti- 
tutional convention  delegates  from  old  wards;  and  permitting 
the  city  of  Rochester  to  hold  a  referendum  to  abolish  the  police 
commission  and  amend  its  charter.  (Meserve  of  Strafford  Dist. 
7;  LaRoche  of  Strafford  Dist.  11  —  To  Municipal  and  County 
Government) . 

HB  24,  permitting  the  use  of  changeable  effective  date  des- 
ignations, such  as  decals,  on  all  motor  vehicle  and  boat  regis- 
tration plates;  authorizing  the  governor  and  council  to  establish 
temporary  speed  laws;  and  exempting  certain  functions  relative 
to  motor  vehicles  and  highways  from  the  provisions  of  the  ad- 
ministrative procedures  act.  (Hamel  of  Rockingham  Dist.  11; 
Woods  of  Rockingham  Dist.  22  —  To  Transportation) . 

HB  25,  changing  the  reporting  date  for  the  study  commis- 
sion on  the  problems  of  unemployed  citizens  in  New  Hamp- 
shire. (Hildreth  of  Belknap  Dist.  7;  Simard  of  Rockingham 
Dist.  9  —  To  Executive  Departments  and  Administration)  . 

HB  26,  relative  to  guaranteeing  a  minimum  adequate  in- 
come for  the  elderly,  blind  and  disabled;  and  making  an  appro- 
priation therefor.    fSpirou  of  Hillsborough  Dist.  27;  Plourde 


House  Journal,  19Feb74  7 

of  Merrimack  Dist.  7  —  To  Labor,  Human  Resources  and  Re- 
habilitation) . 

HB  27,  relative  to  carrying  a  loaded  pistol  on  an  OHRV,  as 
defined  in  RSA  269-C.  (Gorman  of  Rockingham  Dist.  4  —  To 
Transportation) . 

HB  28,  authorizing  Franklin  Pierce  College  to  grant  the 
degree  of  juris  doctor.  (French  of  Belknap  Dist.  1  —  To  Edu- 
cation) . 

HB  29,  relative  to  tuition  payments  for  the  definitions  of 
handicapped  persons  under  the  age  of  twenty-one  and  amend- 
ing the  appropriation  for  same.  (French  of  Belknap  Dist.  1  — 
To  Education) . 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill.  (Roberts  of  Belknap  Dist.  4;  Currier  of  Hillsbor- 
ough Dist.  15  —  To  Judiciary) . 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public,  and  making  an  appro- 
priation therefor.  (Hoar  of  Rockingham  Dist.  8;  Stevens  of 
Cheshire  Dist.  1;  Bigelow  of  Merrimack  Dist.  3;  Hunt  of  Coos 
Dist.  2;  Sen.  Claveau  of  Dist.  14  —  To  Statutory  Revision) . 

HB  32,  relative  to  the  commission  and  taxes  on  pari-mutuel 
pools  at  dog  tracks.  (Coutermarsh  of  Hillsborough  Dist.  24  — 
To  Ways  and  Means)  . 

HB  33,  relative  to  the  Winnipesaukee  River  Basin  Control. 
(Roberts  of  Belknap  Dist.  4  —  To  Resources,  Recreation  and 
Development) . 

HB  34,  relative  to  energy  facility  evaluation,  siting,  con- 
struction and  operations  and  providing  for  a  tax  on  refined 
petroleum  products.  (Roberts  of  Belknap  Dist.  4;  Coutermarsh 
of  Hillsborough  Dist.  24  —  To  Environment  and  Agriculture) . 

HB  35,  providing  for  twenty  years  retirement  for  members 
of  group  II  under  the  New  Hampshire  Retirement  System,  per- 
mitting the  transfer  of  members  of  the  New  Hampshire  Fire- 
men's Retirement  System  and  of  the  New  Hampshire  Police- 
men's Retirement  System  into  the  New  Hampshire  Retirement 


8  House  Journal,  19Feb74 

System  and  making  an  appropriation  therefor.  (Coutermarsh 
of  Hillsborough  Dist.  24;  Roberts  of  Belknap  Dist.  4  —  To 
Appropriations) . 

RESOLUTION 

Reps.  George  B.  Roberts,  Jr.  and  Coutermarsh  offered  the 
following  resolution. 

Resolved  by  the  House  of  Representatives  that  the  speaker 
after  consultation  with  the  minority  leader,  may  cancel  a  sched- 
uled meeting  of  the  House  in  the  event  of  a  severe  snowstorm 
which  would  make  it  dangerous,  in  his  opinion,  for  members 
to  come  to  Concord  for  the  session,  provided  he  makes  notifica- 
tion of  such  cancellation  through  the  procedures  set  forth  by 
the  emergency  committee  recommendations  which  were  de- 
veloped in  the  1969  session.  In  case  of  such  cancellation  the 
House  shall  meet  on  the  following  legislative  day.  Any  member 
who  travels  to  Concord  or  who  is  already  in  Concord  on  legis- 
lative business  on  any  day  that  a  meeting  of  the  House  is  under 
the  authority  of  this  resolution  cancelled  shall  be  entitled  to 
legislative  mileage  for  such  attendance  on  legislative  business. 

Adopted. 

SENATE  MESSAGE 

Mr.  Speaker: 

Be  informed  that  the  Honorable  Senate  under  the  authority 
of  the  Call  of  a  Special  Session  by  the  Governor  and  Council 
has  assembled  and  is  now  ready  to  proceed  with  the  business  of 
the  1974  Special  Session. 

RESOLUTION 

Reps.  Zachos  and  Coutermarsh  offered  the  following  resolu- 
tion: 

Be  It  Resolved  by  the  House  of  Representatives,  that  the 
Clerk  of  the  House  and  the  Assistant  Clerk  of  the  House  shall 
for  the  1974  special  session  be  paid  the  same  daily  compensation 
that  they  received  during  a  regular  session. 

Adopted. 

RESOLUTION 

Reps.  Zachos  and  Coutermarsh  offered  the  following  resolu- 
tions: 


House  Journal,  19Feb74  9 

Resolved,  that  all  action  taken  at  all  sessions  of  the  House 
of  Representatives  be  recorded  through  the  public  address  sys- 
tem on  tape,  said  tapes  to  be  used  by  the  House  and  the  clerk, 
within  three  legislative  days,  to  confirm  and  correct  the  perm- 
anent journal.  The  permanent  journal  as  thus  prepared  by  the 
clerk  or  as  corrected  by  the  House  shall  be  the  official  record 
of  the  House,  and  be  it  further 

Resolved,  that  the  committee  on  the  journal  be  authorized 
to  examine  the  permanent  journal  of  the  last  three  days  of  the 
session,  as  prepared  by  the  clerk,  and  with  the  approval  of  the 
speaker  and  the  minority  leader  to  make  corrections  of  the 
same. 

Adopted. 

RECESS 

JOINT  CONVENTION 

ADDRESS  OF  GOVERNOR  MELDRIM  THOMSON,  JR. 

Mr.  President;  Mr.  Speaker;  Honorable  Members  of  the 
General  Court: 

You  gather  here  today  in  Special  Session  in  response  to  a 
call  issued  by  the  Governor  and  Council  last  October  pursuant 
to  Part  II,  Article  50  of  our  Constitution. 

When  you  adjourned  last  July  there  were  faint  whisper- 
ings of  a  fuel  crisis  to  come.  Heeding  these  warnings,  I  had  ap- 
pointed in  June  an  Energy  Council,  headed  by  former  Gover- 
nor Lane  Dwinell. 

Later  in  the  fall  the  predicted  fuel  crisis  became  real.  For 
a  time  we  thought  of  calling  a  special  session  before  the  end  of 
the  year  to  consider  modification  of  daylight  time,  lowering  our 
speed  limits,  and  placing  emergency  powers  in  the  hands  of  the 
Governor  and  Council. 

Congress,  following  the  leadership  of  the  President,  re- 
stored daylight  savings  time  and  lowered  speed  limtis.  And  we 
found  that  the  Governor  and  Council  possessed  adequate  powers 
to  cope  with  a  fuel  crisis  under  the  provisions  of  RSA  339:39. 

However,  we  still  faced  some  hard  decisions  requiring  legis- 
lative implementation.  These  included  action  on  a  food  stamp 


10  House  Journal,  19Feb74 

program,  reconsideration  of  a  capital  budget,  and  a  supplemen- 
tal operating  budget  to  provide  for  the  rapid  increase  in  the 
costs  of  fuels  and  foods  for  public  institutions. 

Hence,  I  am  glad  that  you  have  returned  to  the  State  House 
to  help  share  the  tough  decisions  that  must  be  made  to  serve 
responsibly  our  people. 

The  challenges  of  this  session  cut  across  partisan  politics. 
They  require  that  you  and  I  labor  in  harmony,  reason  together, 
and  be  wise  in  the  use  of  the  limited  resources  at  our  disposal. 

The  Economy 

We  anticipate  a  surplus  of  $13  million  in  the  operating 
budget  for  the  current  fiscal  biennium. 

In  the  53  bills  and  one  Joint  Resolution  approved  by  the 
joint  Rules  Committee  you  are  asked  to  spend  $81  million  — 
$34  million  for  expenses  in  the  biennium  and  $47  million  for 
items  to  be  financed  by  borroAving! 

When  you  left  here  last  summer  the  economic  climate  was 
fair.  You  had  met  more  generously  the  needs  of  our  people  than 
at  any  prior  time  in  our  history.  Our  budget  was  in  balance  and 
we  anticipated  a  small  surplus. 

Since  then  the  winds  of  fortune  have  shifted  full  course.  We 
now  stand  in  the  midst  of  a  severe  economic  storm  that  promises 
to  grow  worse  before  its  clouds  are  dissipated. 

Our  unemployment  stands  at  5%  up  from  4.5%  for  the 
same  time  last  year.  The  cost  of  living  has  skyrocketed. 

Our  revenues  from  highway  tolls  and  gasoline  are  down 
drastically.  Our  ski  areas  and  the  tourist  business  generally  have 
suffered  their  worst  season. 

Gasoline,  fuel  oil,  and  electricity  are  only  a  few  of  the  es- 
sential items  of  our  American  way  of  life  that  are  in  short  sup- 
ply. Until  the  acute  energy  crisis  is  solved,  which  experts  tell 
us  is  at  least  six  years  down  the  road,  Americans  will  have  to 
work  harder  than  ever  and  make  do  with  less. 

We  must  live  for  a  few  years  as  conservationists  while  shift- 
ing the  cumbersome  gears  of  the  free  enterprise  system  to  ful] 
speed  on  production. 


House  Journal,  19Feb74  11 

America's  horn  of  plenty  is  empty.  We  cannot  refill  it  by 
economic  gimmickry  such  as  building  budgets  on  speculative 
full  employment  or  by  borrowing  from  empty  pockets. 

Prosperity  will  return  to  our  land  only  when  we  extinguish 
the  raging  flames  of  inflation  by  producing  through  hard  work 
more  than  we  consume.  Legislative  programs  and  appropriations 
are  no  substitute  for  the  productivity  of  the  free  enterprise  sys- 
tem. 

Taxes 

This  is  no  time  to  think  of  raising  new  taxes  or  the  rates 
on  current  ones. 

Nor  should  we  jeopardize  the  future  of  our  children  by 
borrowing  their  anticipated  substance  to  alleviate  the  results 
of  our  own  mistakes. 

We  must  live  within  our  present  revenues. 

We  must  tighten  the  belt  on  state  spending. 

At  a  time  when  the  limited  dollars  in  the  pockets  of  our 
citizens  buys  less  fuel,  food  and  other  necessities  of  life,  our 
taxpayers  will  not  tolerate  the  intrusion  of  the  cotton-picking 
fingers  of  new  tax  collectors. 

Revenues  and  Budgets 

Our  general  revenue,  unrestricted  funds  through  January 
were  running  close  to  anticipated  levels. 

In  this  category  we  had  received  by  January  31st,  59%  of 
the  $124  million  estimated  by  the  Legislature  for  fiscal  1974. 
This  was  $4  million  more  than  for  the  comparable  period  of 
fiscal  1973. 

We  are  in  trouble  on  our  restricted  funds  such  as  fish  and 
game  licenses,  road  tolls,  gasoline  taxes,  and  at  the  state-owned 
ski  areas.  However,  revenues  from  these  sources  could  improve 
with  an  equitable  allocation  of  gasoline  to  New  Hampshire  in 
particular,  and  to  New  England  generally. 

Supplemental  Budget 

In  preparing  a  supplemental  budget  for  the  current  bien- 
nium  we  should  try  to  limit  it  to  $10  million  and  thus  reserve 


12  House  Journal,  19Feb74 

an  anticipated  surplus  of  $2  to  $3  million  for  the  unexpected 
contingencies  which  our  uncertain  economy  might  hold. 

HB  1,  the  supplemental  budget,  would  appropriate  $11 
million. 

Energy  and  inflation  requests  from  state  agencies  accounts 
for  almost  $7  million.  Revised  figures  suggest  that  original  ener- 
gy estimates  might  be  excessive  by  $1  million. 

The  second  large  item  in  HB  1  is  a  |4  million  general  fund 
increase  of  AFDC  welfare  payments. 

When  studying  this  request  for  welfare,  I  would  hope  that 
legislators  would  weigh  carefully  the  unprecented  increase  in 
welfare  costs  for  New  Hampshire  taxpayers. 

For  fiscal  1972-73  the  total  welfare  bill  was  $91  million  of 
which  $28  million  was  raised  directly  from  state  taxes. 

This  was  increased  for  the  current  biennium  by  $15.4  mil- 
lion to  $106  million. 

And,  if  Governor  and  Council  or  the  Legislature  act  affir- 
matively on  either  requests  of  the  Welfare  Division  now  before 
each,  we  will  have  to  add  another  $10  million  for  a  revised  total 
welfare  cost  of  $116  million.  About  $37.6  million  of  this  will 
come  from  state  taxpayers. 

Capital  Budget 

The  bonded  indebtedness  of  the  state  at  the  beginning  of 
this  fiscal  year  was  $136  million. 

As  we  consider  a  capital  budget  that  requires  bonding  we 
should  bear  in  mind  two  important  factors  — 

1.  If  we  borrow  $33  million  as  contemplated  by  HB  2  we 
may  have  to  pay  a  high  interest  rate  of  4.7  percent  or  more;  and 

2.  Any  part  of  it  that  is  used  to  construct  new  state  build- 
ings will  sharply  increase  our  maintenance  costs  due  to  the 
energy  crisis. 

I  would  strongly  urge  that  we  cut  back  severely  on  plans 
to  add  new  buildings  for  the  University  System.  In  the  light 
of  availability  of  space  in  private  colleges,  we  should  carefully 
re-evaluate  the  present  need  for  more  space  in  our  public  insti- 


House  Journal,  19Feb74  13 

tutions  of  higher  learning  before  plunging  into  new  and  costly 
construction. 

Although  the  total  of  HB  2  is  $2  million  less  than  the  capital 
budget  of  the  last  session,  you  should  bear  in  mind  that  the 
maintenance  item  of  $1  million  and  the  Mt.  Washington  Au- 
thority item  of  $3  million  have  been  filed  as  separate  bills. 

Thus  the  proposed  new  capital  budget  is  in  fact  $2  million 
higher  than  the  old  one,  if  you  were  to  include  these  two  sep- 
arate items;  and  it  is  $2  million  higher  in  the  amount  of  bonds 
to  be  authorized. 

The  proposed  capital  budget  is  much  too  high  for  these 
perilous  and  uncertain  economic  times.  I  would  hope  that  you 
could  trim  it  substantially. 

There  are  those  who  say  that  the  veto  of  the  capital  budget 
last  year  will  eventually  cost  the  state  some  extra  S6  million  in 
higher  construction  costs  and  interest. 

This  is  a  false  argument  built  upon  the  premise  that  we 
cannot  reconsider  and  revise  the  elements  of  that  exorbitant 
capital  budget.  Further,  it  overlooks  the  fact  that  in  the  past, 
construction  contracts  have  generally  been  let  a  year  to  a  year 
and  a  half  after  the  budget  was  passed. 

The  capital  budget  of  last  year  does  not  need  padding,  but 
rather  pruning! 

State  Employees 

Our  state  employees  would  like  a  substantial  increase  in 
salaries  that  would  cost  the  state  $9  million.  During  the  current 
fiscal  year  they  received  a  4  percent  increase.  Next  July  they  will 
receive  a  further  increase  of  4  percent  from  an  appropriation 
already  made. 

The  only  way  any  kind  of  increase  in  salaries  could  be 
made,  short  of  new  taxes,  would  be  to  cut  back  on  authorized 
but  unfilled  new  positions. 

At  the  last  session  we  cautioned  against  the  abnormal  in- 
crease in  state  positions  proposed  by  the  Legislature. 

For  fiscal  1974  there  were  555  new  jobs  authorized  and  for 
1975  another  118  were  added. 


14  House  Journal,  19Feb74 

Of  the  555  new  jobs  scheduled  to  be  filled  in  the  current 
biennium  359  have  been  released  to  date,  although  85  of  these 
positions  are  still  unfilled. 

Thus,  the  Legislature  in  its  wisdom  could  consider  cutting 
back  by  several  hundred  the  positions  it  authorized  last  year 
and  save  up  to  $2  million. 

Such  funds  could  be  applied  to  a  further  raise  in  salaries  of 
state  employees  beginning  next  July. 

Food  Stamps 

The  Surplus  Food  Program  of  the  Department  of  Agricul- 
ture will  come  to  an  end  on  July  1st. 

At  present  this  program  is  providing  food  assistance  to 
about  22,000  New  Hampshire  persons  with  a  value  of  about 
S2.5  million  per  year. 

HB  3  would  authorize  a  Federal  Food  Stamp  Program  for 
New  Hampshire. 

For  the  balance  of  this  fiscal  biennium  it  would  cost  $2 
million  just  for  administration  —  $400  thousand  for  the  rest 
of  this  fiscal  year  and  $1.6  million  for  fiscal  1975.  About  40  per- 
cent of  this  would  come  from  state  funds. 

It  would  add  more  than  100  new  employees  to  the  already 
swollen  ranks  of  our  welfare  bureaucracy.  It  would  be  admin- 
istered from  Concord  by  the  Welfare  Division. 

Under  this  program  up  to  60,000  persons  would  receive 
food  stamps.  They  would  pay  approximately  80  cents  for  every 
dollar's  worth  of  food  purchased. 

Those  already  on  welfare  would  receive  their  food  stamps 
in  addition  to  current  welfare  payments. 

And  to  be  sure  that  this  give-away  program  grows  in  recipi- 
ent members  and  in  cost  to  the  taxpayers,  it  contains  its  own 
built-in  advertising  program  known  as  Out-Reach.  Thus,  with 
tax  dollars  the  program  would  solicit  people  to  join. 

It  is  even  estimated  that  with  the  initial  adoption  of  food 
stamps  in  New  Hampshire  several  thousand  college  students 
could  join  the  program. 

We  shall  suggest  a  substitute  for  food  stamps.  It  would  cost 


House  Journal,  19Feb74  15 

about  $2.5  million  for  fiscal  1975  and  serve  approximately  the 
same  number  of  persons  who  now  receive  surplus  food. 

We  would  use  the  present  New  Hampshire  Distributing 
Agency  for  the  distribution  of  food  vouchers,  thus  avoiding  the 
need  for  new  employees.  The  vouchers  would  be  distributed 
through  the  counties  and  cities  to  the  towns  much  as  surplus 
food  is  now. 

A  state  food  voucher  program  would  have  the  advantage  of 
low  overhead  costs.  Most  important  of  all,  it  would  be  admin- 
istered by  local  officials  who  are  close  to  the  people  and  are  in 
the  best  position  to  know  of  and  to  respond  to  their  genuine 
needs. 

We  recently  discussed  such  a  program  with  a  number  of 
County  Commissioners  and  found  them  overwhelmingly  in 
favor  of  a  state  food  voucher  program. 

Railroads 

When  we  first  took  office  we  abandoned  the  position  of  the 
prior  administration  of  absolute  opposition  to  all  proposed  rail- 
road abandonments  and  entered  into  negotiations  with  the  Bos- 
ton and  Maine  to  see  what  could  be  salvaged. 

We  took  a  firm  stand  against  abandonment  of  lines  needed 
to  service  established  firms  for  ^vhom  truckins:  would  be  an 
impossible  substitute. 

These  negotiations  were  carried  on  by  Commissioner 
George  Gilman  and  our  Legal  Counsel,  Charles  Douglas.  They 
have  reached  a  point  where  the  Boston  and  Maine  will  pay  to 
the  state  in  back  taxes  about  $1  million  which  we  in  turn  would 
use  to  purchase  the  rights-of-way  and  some  trackage  of  lines  to 
be  abandoned. 

This  would  be  a  xvash  item,  costing  the  citizens  nothing, 
and  by  which  the  state  would  acquire  title  to  several  rail  lines 
that  would  be  abandoned. 

In  view  of  the  present  uncertainties  affecting  all  railroads 
under  the  new  Railway  Act,  we  believe  that  HB  31,  that  would 
put  the  state  in  the  railroad  business  at  an  initial  cost  of  $8 
million  is  —  to  speak  most  charitably  —  premature  and  should 
be  sent  to  further  study. 


16  House  Journal,  19Feb74 

Such  a  study  might  well  show  that  the  Transportation  Au- 
thority, recently  created  by  the  Legislature  with  my  support, 
should  be  the  agency  charged  with  railroad  matters. 

Refinery 

In  this  bleak  hour  of  the  energy  crisis,  New  Hampshire  is 
singularly  blessed  with  the  prospect  that  a  refinery  may  locate 
here. 

An  oil  refinery  such  as  that  proposed  by  Olympic  Refinery, 
Inc.  could  be  an  even  greater  economic  boon  to  our  state  than 
Pease  Air  Base. 

The  question  should  not  be  whether  New  Hampshire 
would  tolerate  the  Olympic  Refinery. 

The  question  should  be  do  New  Hampshire  citizens  want 
energy  enough  to  throw  out  the  welcome  mat  to  Olympic. 

After  all,  how  often  does  a  vital  unit  in  the  American  econ- 
omy indicate  that  it  is  willing  to  spend  $600  million  in  one 
state  to  produce  that  most  precious  commodity  in  the  winter 
of  '74  —  energy? 

A  refinery  that  would  — 

—  be  the  largest  in  the  nation 

—  be  clean  as  a  clinic 

—  cost  more  than  a  half  billion  dollars 

—  engage  800  to  1000  employees  in  high  paying  jobs 

—  create  3000  support  jobs 

—  be  able  to  provide  all  the  oil  needed  by  New  Hamp- 
shire and  most  of  that  for  New  England,  and 

—  meet  all  environmental  standards  on  land,  sea  and  in 
the  air, 

must  of  necessity  add  greatly  to  the  prosperity  and  comfort  of 
the  people  of  our  state.  In  terms  of  progress  it  would  place  New 
Hampshire  on  the  threshold  of  the  2 1st  century. 

Just  as  there  is  a  tide  in  the  affairs  of  men  which  if  taken 
at  the  full  bears  on  to  fortune;  so  too,  is  it  with  states. 

The  tide  for  a  refinery  now  runs  full.  Let  us  embark  on 
the  voyage  that  could  bring  success  to  New  Hampshire. 


House  Journal,  19Feb74  17 

Honored  Members  of  the  General  Court,  we  face  crucial 
problems  that  require  the  best  from  each  of  us  for  their  success- 
ful resolution.  Others  who  have  labored  in  this  hallowed  hall 
in  the  past  century  and  a  half  have  succeeded.  So,  too,  will  we. 

While  I  may  not  agree  with  you  in  all  legislative  matters 
that  you  might  have  under  consideration,  please  do  count  on 
my  sincere  and  friendly  effort  to  cooperate  in  every  way  possible. 

May  your  work  rebound  to  the  credit  of  New  Hampshire! 

On  motion  of  Sen.  Foley  the  Convention  arose. 

The  Speaker  ordered  the  Governor's  address  to  be  printed 
in  the  Journal. 

HOUSE 

Rep.  Drake  addressed  the  House  relative  to  the  fiscal  affairs 
of  the  State. 

COMMUNICATION 

Hon.  James  E.  O'Neil 

Speaker 

House  of  Representatives 

Dear  Mr.  Speaker: 

Through  you  I  wish  to  thank  all  of  the  members  of  the 
House  for  the  purse  presented  to  me  at  the  closing  of  the  Session. 

Your  thoughtfulness  was  most  appreciated. 

Sincerely, 

Eileen  Smith 
State  House  Nurse 

RESOLUTION 

Reps.  George  B.  Roberts,  Jr.  and  Coutermarsh  offered  the 
following  resolution. 

Be  It  Resolved  by  the  House  that  the  rules  of  the  1975 
session  of  the  House,  as  amended  in  accordance  with  the  copy 
distributed  to  all  members  and  now  in  their  possession,  be 
adopted  as  the  rules  of  the  House  for  the  1974  special  session. 

Rep.  Roberts  explained  changes  in  the  House  rules. 


18  House  Journal,  19Feb74 

(discussion) 

Rep.  Horan  offered  an  amendment. 

The  clerk  read  the  amendment  in  full. 

Rep.  Horan  spoke  in  favor  of  his  amendment. 

Reps,.  Coutermarsh  and  Roberts  spoke  against  the  amend- 
ment. 

Amendment  lost. 

Resolution  adopted. 

CHANGES  IN  HOUSE  RULES 

New  32  (v)  It  shall  be  the  duty  of  the  Committee  on  Ways 
be  in  order  only  when  given  to  the  House  in  open  session  prior 
to  adjournment  on  the  same  day  on  Avhich  the  vote  was  passed 
or  on  the  next  day  on  ^s^hich  the  House  shall  be  in  session  with- 
in one-half  hour  after  the  convening  of  the  early  session  and  any 
such  notice  of  reconsideration  shall  be  effective  only  for  the  next 
legislative  day  and  thereafter  shall  be  null  and  void. 

New  28  (v)  It  shall  be  the  duty  of  the  Committee  on  Ways 
and  Means  to  examine  and  take  into  consideration  the  state  of 
the  treasury,  to  consider  and  report  on  all  bills  and  resolutions 
relating  to  raising  money  by  a  state  tax,  the  apportionment  of 
the  same,  and  all  other  methods  for  raising  revenue  for  the  state. 
They  shall  consider  and  report  periodically  to  the  House  upon 
every  other  subject  concerning  the  financial  interest  of  the  state. 

Omit  paragraph  2,  Rule  32  (a) 

New  38.  All  petitions,  memorials  and  other  papers  ad- 
dressed to  the  House  and  all  bills  and  resolutions  to  be  intro- 
duced in  the  House  shall  be  delivered  or  caused  to  be  delivered 
to  the  Office  of  Legislative  Services  by  the  person  presenting 
them.  Legislative  Services  shall  prepare  the  bills,  resolutions,  pe- 
titions, memorials  and  other  papers  in  proper  form  and  shall 
present  the  same  to  the  member  for  signature.  Legislative  Ser- 
vices shall  give  precedence  in  drafting  legislation  to  any  measure 
which  carries  an  appropriation  and  all  such  legislation  shall  be 
prepared  for  signature  by  the  sponsor. 

New  43.  A  hearing  shall  be  held  upon  each  bill  referred  to 
a  committee,  and  notice  of  such  hearing  shall  be  advertised  at 


House  Journal,  19Feb74  19 

least  one  day  in  the  Calendar  of  the  House,  When  requested  by 
the  President  of  the  Senate,  the  Speaker  may  authorize  and 
direct  the  appropriate  House  Committee  or  committees  to  sit 
with  the  appropriate  Senate  committee  or  committees  at  a 
public  hearing  of  any  Senate  bill,  and  no  further  public  hearing 
on  such  bill  shall  be  required  when  such  bill  is  subsequently 
received  in  the  House  from  the  Senate. 

Omit  paragraph  2,  Rule  43. 

57  Omit. 

58  Omit. 

59  Omit. 

Reps.  Zachos  and  Coutermarsh  offered  the  following  resolu- 


tion. 


HOUSE  CONCURRENT  RESOLUTION 


Be  It  Resolved  by  the  House,  The  Senate  Concurring,  that 
the  actions  of  the  rules  committees  of  each  house  and  the  joint 
rules  committee  in  granting  approval  for  drafting,  preprinting, 
and  introduction  of  bills,  joint  resolutions  and  concurrent  reso- 
lutions to  amend  the  constitution  are  hereby  legalized,  ratified, 
approved  and  confirmed;  and  the  scheduling  and  holding  of  all 
hearings  by  said  committees  as  printed  in  the  calendars  of  both 
houses  and  today  distributed  to  all  members  are  also  hereby 
legalized,  ratified,  approved  and  confirmed  and  any  rule  requir- 
ing any  different  notice  of  such  scheduling  is  hereby  suspended. 

The  clerk  read  the  resolution  in  full. 

Rep.  George  B.  Roberts,  Jr.  explained  changes  in  the  joint 
rules. 

(discussion) 

Rep.  Horan  offered  an  amendment. 

The  clerk  read  the  amendment  in  full. 

Rep.  Horan  spoke  in  favor  of  his  amendment. 

Reps.  Coutermarsh  and  Roberts  spoke  against  the  amend- 
ment. 

Amendment  lost. 


20  House  Journal,  19Feb74 

Rep.  Daniell  offered  an  amendment. 

Amend  proposed  joint  rule  No.  23  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following: 

Rule  No.  23.  No  action  may  be  taken  in  either  house  on 
any  committee  of  conference  report  until  a  copy  of  said  report 
has  been  delivered  to  the  seats  or  placed  on  the  desks  of  all 
members.  A  committee  of  conference  may  neither  change  the 
title  of  any  bill  submitted  to  it  nor  add  amendments  which  are 
not  germane  to  the  subject  matter  of  the  bill  as  originally  sub- 
mitted to  it. 

The  clerk  read  the  amendment  in  full. 

Rep.  Daniell  spoke  in  favor  of  his  amendment. 

(discussion) 

Reps.  Sayer,  Gerry  F.  Parker  and  George  E.  Gordon  spoke 
in  favor  of  the  amendment. 

Reps.  George  B.  Roberts,  Jr.  and  Scamman  spoke  against 
the  amendment. 

Rep.  T.  Anne  Webster  requested  a  division. 

146  members  voted  in  the  affirmative  and  146  in  the  nega- 
tive. 

Rep.  Sayer  challenged  the  vote. 

158  members  having  voted  in  the  affirmative  and  155  in 
the  negative,  the  amendment  was  adopted. 

Resolution  adopted. 

SENATE  MESSAGE 

INTRODUCTION  OF  SENATE  BILL 

SB  14,  relative  to  election  of  delegates  to  the  constitutional 
convention  from  Berlin, 

SUSPENSION  OF  RULES 

The  member  from  Berlin,  Mr.  Fortier,  moved  that  the 
rules  be  so  far  suspended  as  to  dispense  with  committee  refer- 
ence, hearing,  advertising  in  Journal  on  SB  14,  relative 
to  election  of  delegates  to  the  constitutional  convention  from 


House  Journal,  20Feb74  21 

Berlin,  and  to  permit  the  bill  to  be  placed  on  third  reading 
and  final  passage  at  the  present  time. 

Reps.  Coutermarsh  and  George  B.  Roberts,  Jr.  spoke  in 
favor  of  the  motion. 

Adopted  by  the  necessary  two-thirds. 

Third  reading  and  final  passage 

SB  14,  relative  to  election  of  delegates  to  the  constitutional 
convention  from  Berlin. 

RECONSIDERATION 

Rep.  T.  Anne  Webster  moved  reconsideration  of  Daniell 
amendment  to  joint  rule  23. 

Reconsideration  lost. 

Rep.  George  B.  Roberts,  Jr.  moved  that  we  now  adjourn 
from  the  morning  session,  that  the  business  of  the  afternoon 
session  be  in  order  at  the  present  time,  and  when  the  House  ad- 
journs, it  adjourn  to  meet  tomorrow  at  1 1  a.m. 

Adopted. 

On  motion  of  Rep.  Lynch  the  House  adjourned  at  1:50 
p.m. 


Wednesday,  20Feb74 


The  House  met  at  1 1 :00  o'clock. 

Prayer  was  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Lord,  Our  God,  we  ask  You  for  the  desire  and  the  power 
to  help  others.  Give  us  the  opportunity  of  serving  our  generation 
according  to  Your  will,  and  manifesting  Your  grace  to  men. 

We  pray  also  for  the  repose  of  the  soul  of  Romeo  Desilets, 
gTant  him  right,  peace  and  happiness  in  Your  Eternal  Kingdom. 
We  ask  this  through  Christ  our  Lord.  Amen. 

PLEDGE  OF  ALLEGIANCE 
Rep.  Joseph  M.  Eaton  led  the  Pledge  of  Allegiance. 


22  House  Journal,  26Feb74 

LEAVES  OF  ABSENCE 
Rep.  Dorthea  M,  O'Neil,  the  day,  important  business. 
Rep,  Canney,  indefinite,  illness. 

ENROLLED  BILLS  REPORT 

SB  14,  relative  to  election  of  delegates  to  the  constitutional 
convention  from  Berlin. 

Mabel  L.  Richardson 
For  The  Committee. 

Rep.  George  B.  Roberts,  Jr.  moved  that  we  now  adjourn 
from  the  morning  session,  that  the  business  of  the  afternoon  ses- 
sion be  in  order  at  the  present  time,  and  when  the  House  ad- 
journs, it  adjourn  to  meet  Tuesday  next  at  11:00  a.m. 

Adopted. 

On  motion  of  Rep.  Rogers  the  House  adjourned  at  11:10 
a.m. 


Tuesday,  26Feb74 

The  House  met  at  1 1 :00  o'clock. 

(Rep.  George  B.  Roberts,  Jr.  in  the  Chair) 

Prayer  Avas  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Lord,  Our  God,  send  your  blessing  upon  us  and  all  our 
work  done  in  Your  name.  Give  light  to  guide  us,  courage  to 
support  us  and  love  to  imite  us,  now  and  forever  more.  Amen. 

PLEDGE  OF  ALLEGIANCE 
Rep.  Milne  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 
Reps.  Connors,  Bernard,  and  Conley,  the  day,  illness. 

Reps.  Harriet  W.  H.  Richardson  and  Cobleigh,  indefinite, 
illness. 

Rep.  Cary,  the  week,  illness. 


House  Journal,  26Feb74  23 

Reps.  Chris  K.  Andersen,  Hough,  Cummings  and  George 
E.  Lemire,  the  day,  important  business. 

Rep.  Tibbetts,  the  week,  important  business. 

Rep.  Saunders,  indefinite,  important  business. 

SENATE  MESSAGES 
CONCURRENCE 

Amendment  to  Joint  Rules. 


The  Honorable  Senate  has  voted  to  adopt  a  calendar  of 
meetings  for  the  1974  Special  Session. 

Meetings  to  be  held  on  February  19,  20,  26,  27. 

March  6,  7,  12,  13,  19,20,26,27. 

April  2,  3,  10. 

UNANIMOUS  CONSENT 

Rep.  Tripp  addressed  the  House  by  unanimous  consent  as 
follows: 

At  the  request  of  Mrs.  Ethel  Canney  I  am  addressing  the 
General  Court  to  express  the  heartfelt  appreciation  of  Mrs. 
Ralph  Canney  and  their  children  for  the  floral  tributes  sent  by 
the  House  of  Representatives  and  the  personnel  in  the  Sergeant 
of  Arms  office,  for  the  cards  and  letters  so  frequently  sent  to 
Ralph  during  his  8  month  illness  and  for  the  many  expressions 
of  sympathy  sent  by  those  involved  in  state  government  from 
time  to  time. 

We  would  also  voice  our  thanks  to  all  those  who  respect- 
fully attended  the  funeral  services  last  Saturday. 

PERSONAL  PRIVILEGE 

Reps.  Beckett  and  Richard  L.  Bradley  rose  on  a  point  of 
personal  privilege. 

Rep.  Charles  B.  Roberts  moved  that  Rep.  Beckett's  remarks 
be  printed  in  the  Journal. 

Rep.  Sayer  spoke  against  the  motion. 

Motion  lost. 


24  House  Journal,  26Feb74 

COMMITTEE  REPORTS 

HB  9 

increasing  the  debt  limit  for  the  Londonderry  school  dis- 
trict. Ought  to  pass  with  amendment.  Rep.  Rock  for  Education. 

The  committee  concurs  with  the  sponsor's  indicated  need 
for  additional  bonding  authority  after  a  most  expertly 
detailed  and  researched  presentation  on  the  needs  and 
difficulties  faced  because  of  population  explosion  in  the 
area. 

AMENDMENT 

Amend  the  bill  by  striking  out  section  1  and  inserting  in 
place  thereof  the  following: 

1  Londonderry  School  District  Limit  Increased.  Nothwith- 
standing  the  provisions  of  RSA  33:4-a  to  the  contrary,  the  school 
district  encompassing  the  town  of  Londonderry  shall  not  incur 
net  indebtedness  to  an  amount  at  any  one  time  outstanding 
exceeding  nine  percent  of  its  equalized  valuation  as  determined 
according  to  law. 

Amendment  adopted. 

Ordered  to  third  reading. 

HB  6 

providing  overtime  pay  for  certain  classified  state  em- 
ployees, and  making  an  appropriation  therefor.  Inexpedient 
to  legislate.  Rep.  Cushman  for  Executive  Departments  and 
Administration. 

This  bill  would  need  some  work.  The  committee  felt  it 
would  be  better  to  re^mte  the  bill  for  the  next  session  of 
the  legislature.  The  sponsor  agreed. 

Resolution  adopted. 

HB  11 

to  increase  the  salaries  of  state  classified  employees  and 
non-exempt  employees  of  the  university  system  and  providing 
differential  pay  to  classified  prison  employees  and  making  ap- 
propriations therefor.  Ought  to  pass  with  amendment.  Rep. 
McLane  for  Executive  Departments  and  Administration. 

The  committee  feels  that  state  employees  deserve,  and  are 


House  Journal,  26Feb74  25 

in  need  of,  a  pay  raise.  If  enough  money  cannot  be  found 
in  the  state  of  New  Hampshire  for  this  pay  raise,  the  com- 
mittee feels  that  this  should  be  the  decision  of  the  Appro- 
priations Committee  to  kill  the  bill.  To  Appropriations. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 

AN   ACT 

to  increase  the  salaries  of  state  classified  employees  and 
employees  of  the  university  system  and  providing  differential 
pay  to  classified  prison  employees  and  correctional  psychiatric 

aides  at  the  New  Hampshire  state  hospital  and  making 
appropriations  therefor. 

Amend  the  bill  by  striking  out  sections  9,  10,  and  11  of 
same  and  inserting  in  place  thereof  the  following: 

9  University  System  Employees.  There  is  hereby  appro- 
priated for  the  fiscal  year  ending  June  30,  1974  the  sum  of  one 
million  twenty-eight  thousand  sixty-eight  dollars.  The  sum 
hereby  appropriated  shall  be  used  by  the  trustees  of  the  univer- 
sity of  New  Hampshire  to  increase  the  annual  salaries  of  those 
employees  of  the  university  system  whose  salaries  are  equivalent 
to  those  within  the  state  classified  employee  salary  structure  by 
seven  hundred  eighty  dollars  or  eight  percent,  whichever  is 
greater,  with  a  maximum  of  one  thousand  two  hundred  twenty 
dollars,  effective  January  4,  1974.  There  is  hereby  appropriated 
for  the  fiscal  year  ending  June  30,  1975  the  sum  of  three  million 
forty-two  thousand  nine  hundred  twelve  dollars.  The  sum  here- 
by appropriated  shall  be  used  by  the  trustees  of  the  university 
of  New  Hampshire  to  increase  the  annual  salaries  of  those  em- 
ployees of  the  university  system  whose  salaries  are  equivalent 
to  those  within  the  state  classified  employee  salary  structure  by 
four  percent,  on  the  average,  effective  June  21,  1974.  This  ap- 
propriation shall  not  be  transferred  or  expended  for  any  other 
purpose.  The  governor  is  authorized  to  draw  his  warrant  for  this 
sum  out  of  any  money  in  the  treasury  not  otherwise  appropri- 
ated. 

10  Hazardous  Pay  for  Prison  Personnel  and  Correctional 
Psychiatric  Aides.  Amend  RSA  99  by  inserting  after  section  9 
the  following:  new  section: 


26  House  Journal,  26Feb74 

99:10  N.  H.  State  Prison  and  State  Hospital.  Classified  em- 
ployees at  the  state  prison  and  correctional  psychiatric  aides  at 
the  state  hospital  shall  be  paid  in  addition  to  their  regular 
salary,  hazardous  duty  pay  in  the  amount  of  twenty-five  dollars 
per  week. 

11  Appropriation.  There  is  hereby  appropriated  for  the 
fiscal  year  ending  June  30,  1974  for  the  purposes  of  section  10 
of  this  act  the  following  sum:  fifty  thousand  three  hundred 
seventy-five  dollars  from  the  general  fund.  There  is  hereby  ap- 
propriated for  the  fiscal  year  ending  June  30,  1975  the  following 
sum:  two  hundred  one  thousand  five  hundred  dollars  from  the 
general  fund.  The  governor  is  authorized  to  draw  his  warrant 
for  the  sums  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

Amendment  adopted. 

Referred  to  Appropriations. 

HB  17 

increasing  the  mileage  rate  for  all  state  employees  using 
privately  owned  passenger  vehicles  and  making  an  appropria- 
tion therefor.  Ought  to  pass  with  amendment.  Rep.  Roderick 
H.  O'Connor  for  Executive  Departments  and  Administration. 

The  bill  increases  mileage  rates  from  10c  to  12c  per  mile. 
For  each  10c  rise  in  the  average  price  of  gasoline  the  legis- 
lative fiscal  committee  advises  Governor  and  Council  to 
implement  ale  rise  in  the  mileage  rate. 

The  amendment  allows  for  a  decrease  in  the  mileage  rate 
if  the  price  of  gasoline  goes  down.  The  amendment  also 
reduces  the  appropriation  from  $202,000  to  $131,000  and 
empowers  the  Governor  to  draw  his  warrant  from  the  ap- 
propriate funds. 

AMENDMENT 

Amend  the  bill  by  striking  out  sections  1  and  2  and  insert- 
ing in  place  thereof  the  following: 

1  Mileage  Rate.  Amend  RSA  99-A:l,  as  inserted  by  1955, 
257:1,  as  amended,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following: 

99- A:  1    State  Officials  and  Employees.  State  officials  and 


House  Journal,  26Feb74  27 

employees  required  to  use  their  private  cars  in  the  conduct  of 
official  business  for  the  state  shall  be  reimbursed  for  mileage 
at  a  rate  of  twelve  cents  per  mile.  When  the  price  of  gasoline 
reaches  a  statewide  average  of  fifty  cents  per  gallon,  as  deter- 
mined by  the  legislative  fiscal  committee  and  upon  approval  by 
the  governor  and  council,  an  additional  one  cent  per  mile  in- 
crease shall  be  authorized.  The  legislative  fiscal  committee  shall 
continue  monitoring  the  statewide  average  price  of  gasoline  and 
for  each  ten  cent  increase  or  decrease  per  gallon  from  fifty  cents, 
as  determined  by  said  committee  and  upon  approval  of  governor 
and  council,  a  one  cent  per  mile  increase  or  decrease,  respec- 
tively, shall  be  authorized,  except  that  in  no  case  shall  the  mile- 
age reimbursement  rate  be  decreased  below  twelve  cents  per 
mile. 

2  Appropriation.  There  are  hereby  appropriated  for  fiscal 
year  ending  June  30,  1975  for  the  purpose  of  section  1  of  this 
act  the  following  sums:  $64,126  from  general  funds,  $35,452 
from  highway  funds,  $1,000  from  fish  and  game  funds,  $30,409 
from  special  funds.  The  governor  is  authorized  to  draw  his 
warrant  for  the  money  hereby  appropriated  which  shall  be  a 
charge  against  the  general  fund  and  against  each  special  fund 
as  designated.  If  an  additional  appropriation  is  required  due  to 
an  increase  above  the  twelve  cents  a  mile  authorized,  the  gov- 
ernor is  authorized  to  draw  his  warrant  for  any  additional  funds 
required  for  such  additional  appropriations  which  shall  be  a 
charge  against  the  general  fund  and  against  each  special  fund 
as  designated. 

Amendment  adopted. 

At  the  request  of  Rep.  Gerry  F.  Parker,  Rep.  Roderick  H. 
O'Connor  answered  questions. 

Referred  to  Appropriations. 

HCR  1 

memorializing  Miriam  Jackson.  Ought  to  pass.  Rep.  Milne 
for  Resolutions  and  Screening. 

Fitting  tribute. 

The  clerk  read  the  resolution  in  full. 

Unanimously  adopted. 

HCR  2 

establishing  a  joint  committee  to  study  the  railroad  condi- 


28  House  Journal,  26Feb74 

tions  and  related  matters  in  the  state  of  New  Hampshire.  Refer 
to  Committee  on  Statutory  Revision.  Rep.  Milne  for  Resolu- 
tions and  Screening. 

Needed  because  of  The  Regional  Rail  Reorganization  Act 

of  1973. 

Referred  to  Committee  on  Statutory  Revision. 

HCR  3 

relative  to  the  protection  of  the  New  Hampshire  fishing 
industry.  Refer  to  Committee  on  Fish  and  Game.  Rep.  Milne 
for  Resolutions  and  Screening. 

Requested  by  DRED. 

Referred  to  Committee  on  Fish  and  Game. 

HB  8 

permitting  the  election  of  delegates  to  national  party  con- 
ferences. Inexpedient  to  legislate.  Rep.  Chase  for  Statutory 
Revision. 

Withdrawn  by  sponsor. 

Resolution  adopted. 

HB  16 

permitting  public  accountants  to  form  a  professional  asso- 
ciation. Ought  to  pass.  Rep.  Chase  for  Statutory  Revision. 

Enables  public  accountants  to  form  professional  associa- 
tions. 

(discussion) 

Rep.  Elizabeth  E.  Goff  offered  an  amendment. 

The  clerk  read  the  amendment  in  full. 

POINT  OF  ORDER 
Rep.  T.  Anne  Webster  rose  on  a  point  of  order. 


Rep.  Goff  explained  her  amendment. 

(discussion) 
Rep.  Beckett  further  explained  the  amendment. 
Amendment  lost. 


House  Journal,  26Feb74  29 

Rep.  Joseph  L.  Cote  moved  that  the  words,  inexpedient 
to  legislate,  be  substituted  for  the  committee  report,  ought  to 
pass,  and  spoke  in  favor  of  the  motion. 

Reps.  Chase  and  Newell  spoke  against  the  motion. 

Rep.  Dupont  moved  the  previous  question. 

Sufficiently  seconded. 

Adopted. 

Rep.  Joseph  L.  Cote  requested  a  division  and  subsequently 
withdrew  his  request. 

Motion  lost. 

Ordered  to  third  reading. 

HB  28 

authorizing  Franklin  Pierce  College  to  grant  the  degree 
of  juris  doctor.  Ought  to  pass  with  amendment.  Rep.  Matheson 
for  Education. 

This  bill  has  been  heard  by  the  Education  Committee  in 
the  1973  session,  studied  in  the  interim  by  the  committee 
as  a  whole  and  reheard  in  the  1974  special  session.  All 
criteria  having  been  met,  it  is  recommended  for  passage. 

AMENDMENT 

Amend  section  1  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

1  Authority  Extended.  Amend  1965,  471:1,  as  amended  by 
1969,  554:1,  by  inserting  in  line  eight  after  the  word  "achieve- 
ment." the  following  (Said  college  is  further  authorized  and 
empowered,  until  June  30,  1977,  to  grant  the  degree  of  juris 
doctor  to  qualifying  graduates  of  its  adjunct,  Franklin  Pierce 
Law  Center.)  so  that  said  section  as  amended  shall  read  as 
follows: 

471:1  Franklin  Pierce  College.  Franklin  Pierce  College,  a 
voluntary  corporation  formed  under  the  provisions  of  RSA  292 
is  hereby  authorized  and  empowered  to  establish  and  maintain 
an  institute  of  learning  to  be  known  as  Franklin  Pierce  College, 
to  prescribe  the  rules  for  the  government  of  said  college  and  the 
courses  of  studies  to  be  pursued  therein,  and  to  confer  upon 


30  House  Journal,  26Feb74 

graduates  thereof  the  degrees  of  bachelor  of  arts  and  bachelor 
of  science  to  the  qualifying  candidates  and  to  give  customary 
honorary  recognition  to  outstanding  individuals  for  note- 
worthy achievement.  Said  college  is  further  authorized  and  em- 
powered, until  June  30,  1977,  to  grant  the  degree  of  juris  doctor 
to  qualifying  graduates  of  its  adjunct,  Franklin  Pierce  Law 
Center. 

Amendment  adopted. 

Rep.  Horan  offered  an  amendment. 

The  clerk  read  the  amendment  in  full. 

Rep.  Horan  explained  his  amendment. 

Rep.  French  spoke  against  the  amendment. 

Amendment  lost. 

Ordered  to  third  reading. 

Approved  by  House  Resolutions  and  Screening  Committee. 

HOUSE  RESOLUTION 

Whereas,  the  University  of  New  Hampshire's  varsity  hockey 
team  is  currently  ranked  number  one  in  the  east  in  top  divi- 
sional play;  and 

Whereas,  the  team  is  also  ranked  number  three  in  the  en- 
tire nation;  and 

Whereas,  team  captain  Gordie  Clark  has  attained  AU- 
American  recognition  and  goalie  Cap  Raeder  is  ranked  number 
one  in  the  east  at  his  position;  and 

Whereas,  the  team  roster  includes  the  three  top  scorers  in 
the  east  in  Gordie  Clark,  Jamie  Hislop  and  Cliff  Cox; 

Now  Therefore  Be  It  Resolved  by  the  House  of  the  State 
of  New  Hampshire  Assembled: 

That  congratulations  be  extended  to  the  entire  team,  to 
the  members  of  the  above-named,  and  to  Coach  Charles  Holt 
for  the  credit  they  reflect  upon  the  University  and  the  State  for 
their  outstanding  success  in  intercollegiate  athletic  competition; 
and 

That  a  copy  of  these  resolutions  be  conveyed  to  Coach  Holt 
for  the  entire  team. 


House  Journal,  27Feb74  31 

Offered  by  Reps.  Kenneth  W,  Spalding,  McManus  and 
Elmer  S.  Wiggin. 

RESOLUTION 

Rep.  Coutermarsh  moved  that  we  now  adjourn  from  the 
morning  session,  that  the  business  of  the  afternoon  session  be 
in  order  at  the  present  time,  tiiat  third  reading  of  bills  be  by 
title  only,  and  when  the  House  adjourns  it  adjourn  to  meet 
tomorrow  at  1 1  a.m. 


Adopted. 


LATE  SESSION 
Third  reading  and  final  passage 


HB  9,  increasing  the  debt  limit  for  the  Londonderry  school 
district. 

HB  16,  permitting  public  accoimtants  to  form  a  profession- 
al association. 

HB  28,  authorizing  Franklin  Pierce  College  to  grant  the 
degree  of  juris  doctor. 


Rep.  David  J.  Bradley,  Chairman  of  the  Special  Commit- 
tee on  Bill  Handling  made  a  presentation  to  the  House. 

On  motion  of  Rep.  Harvell  the  House  adjourned  at  12:50 
p.m.  in  memory  and  in  honor  of  Miriam  Jackson. 


Wednesday,  27Feb74 

The  House  met  at  1 1 :00  o'clock. 

Prayer  was  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Lord,  God  Almighty,  who  has  made  all  the  nations  on 
the  face  of  the  earth  to  serve  You:  Give  us  not  only  a  passion  for 
equal  justice  under  the  law,  but  also  strength  of  self-control 
that  we  may  exercise  our  liberty  with  a  single  desire  to  promote 
your  gracious  will  for  all  mankind. 

We  ask  this  through  Christ  Our  Lord.  Amen. 


32  House  Journal,  27Feb74 

PLEDGE  OF  ALLEGIANCE 
Rep.  Brungot  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Conley  and  Elizabeth  E.  Goff,  the  day,  illness. 

Rep.  Bernard,  indefinite,  illness. 

Rep.  Tilton,  the  day,  death  in  family. 

Reps.  Roger  K.  Warren,  Cummings  and  VanLoan,  the  day, 
important  business. 

SENATE  MESSAGE 
CONCURRENCE 
HCR  1,  memorializing  Miriam  Jackson. 

COMMITTEE  REPORTS 

HB  21 

relative  to  the  duties  of  the  state  board  of  education  and 
prohibiting  the  expenditure  of  public  moneys  in  non-public 
schools  unless  said  schools  have  program  approval  by  the  de- 
partment of  education.  Ought  to  pass  with  amendment.  Rep. 
Rock  for  Education. 

This  bill  provides  the  mechanism  to  correct  a  situation 
wherein  the  program  of  education  for  handicapped  chil- 
dren comes  under  control  of  the  state  board  of  education. 

AMENDMENT 

Amend  RSA  198:20-a  as  inserted  by  section  2  of  the  bill  by 
striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

198:20-a  Payment  of  Governmental  Moneys  Prohibited  in 
Non-Public  School  Without  Program  Approval  by  the  Board  of 
Education  for  Handicapped  Children,  No  state  moneys  or 
moneys  raised  and  appropriated  by  any  political  subdivision  of 
the  state  or  any  federal  moneys  administered  by  the  state  or  any 
political  subdivision  thereof  shall  be  paid  or  granted  to  a  non- 
public school  for  the  education  and  training  of  handicapped 
children  as  defined  by  RSA  186-A:2,  IV  which  has  not  been  ap- 


House  Journal,  27Feb74  33 

proved  by  the  state  board  of  education  pursuant  to  those  policies 
adopted  under  the  provisions  of  RSA  186: 1 1,  XXIX. 

Amendment  adopted. 

Ordered  to  third  reading. 

HB  29 

relative  to  tuition  payments  for  the  definitions  of  handi- 
capped persons  under  the  age  of  twenty-one  and  amending 
the  appropriation  for  same.  Ought  to  pass  with  amendment. 
Rep.  Rock  for  Education. 

This  bill,  as  amended,  corrects  flaws  in  two  laws  enacted 
in  the  1973  session. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

AN  ACT 

relative  to  tuition  payments  for  the  definitions  of  handicapped 

persons  under  the  age  of  twenty-one  and  amending  the 

appropriation  for  same  and  educational 

expenses  in  public  institutions. 

Amend  the  bill  by  striking  out  section  5  and  inserting  in 
place  thereof  the  following: 

5  Educational  Expenses  of  Inmates  and  Patients.  Amend 
RSA  8:41-c  (supp)  as  inserted  by  1973,  385:1,  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following: 

8:41-c  Educational  Expenses.  Educational  expenses  of  any 
inmate  or  patient,  who  is  educable  or  trainable  and  who  is 
between  six  and  twenty-one  years  of  age,  as  required  under 
statute  and  incurred  in  the  institutions  named  in  or  at  the 
direction  of  the  commissioner  of  health  and  welfare,  in  any 
public  or  private  institution  or  elsewhere,  shall  be  recovered 
from  the  school  district  in  which  the  patient's  or  inmate's  par- 
ents or  legal  guardian  reside  on  the  January  first  preceding 
the  recovery  up  to  the  state  average  elementary  cost  per  pupil, 
as  determined  by  the  state  board  of  education  for  the  preced- 
ing school  year.  The  liability  of  the  school  district  for  such 
expenses  shall  precede  that  of  the  persons  and  estates  named  in 


34  House  Journal,  27Feb74 

RSA  8:41  and  RSA  8:41-a,  which  are  hereby  relieved  of  lia- 
bility for  such  expenses  to  the  extent  of  the  school  district's 
liability. 

6  Effective  Date. 

I.  Sections  1,  2,  3  and  4  of  this  act  shall  take  effect  upon 
passage. 

II.  Section  5  of  this  act  shall  take  effect  July  1,  1974. 

Amendment  adopted. 

Rep.  Horan  moved  that  HB  29  be  referred  to  the  commit- 
tee on  Education  for  further  study  and  spoke  in  favor  of  the 
motion. 

Rep.  Laurent  J.  Boucher  spoke  against  the  motion. 

(discussion) 

Rep.  Rock  non-spoke  against  the  motion. 

Motion  lost. 

Referred  to  Appropriations. 

HB  22 

establishing  a  critical  lands  commission;  providing  for  the 
classification  of  certain  land  areas  of  the  state  as  critical  and 
making  an  appropriation  therefor.  Majority:  Ought  to  pass  with 
amendment;  Rep.  Greene  for  Environment  and  Agriculture 
and  Resources,  Recreation  and  Development.  Minority:  Inex- 
pedient to  legislate.  (Reps.  Curran,  Nelson,  Pryor,  Lawton  and 
Tanner) 

Majority:  HB  22  establishes  a  method  of  identifying  and 
protecting  critical  land  areas  of  the  state.  Strict  guidelines 
are  set  up  and  the  critical  land  commission  and  its  direc- 
tor are  limited  in  their  applications  of  the  law  to  those 
powers  specifically  granted  in  the  bill.  The  legislation  is 
regulatory,  not  prohibitory,  and  has  been  amended  to 
meet  objections  raised  in  the  public  hearing.  Basically 
each  amendment  is  to  reflect  a  suggestion  made  at  the 
hearing  and  the  amendment  will  be  explained  in  detail. 

Minority:  1.  It  limits  the  use  of  much  of  our  farm  land 
and  urban  areas  in  perpetuity  without  compensation  to 


House  Journal,  27Feb74  35 

the  owners,  or  reclassification  procedure.  2.  The  state  land 
use  inventory  is  incomplete  so  no  one  can  really  say  how 
much  land  is  automatically  covered  by  the  bill,  or  likely  to 
be  covered  by  classification.  3.  Proper  State  Land  Use  Legis- 
lation should  balance  both  the  environmental  and  socio- 
economic factors.  This  bill  deals  only  with  the  environ- 
mental factor.  4.  As  written  the  bill  creates  an  additional 
layer  of  bureaucracy  incompatible  with  home  rule  in 
situations  where  local  control  should  prevail.  5.  No  one 
can  be  sure  that  the  bill  is  compatible  with  the  National 
Land  Use  Planning  and  Assistance  Act  soon  to  be  enacted. 

Rep.  Kopperl  explained  the  bill  and  amendments, 

(discussion) 

Rep.  La^vton  moved  that  the  report  of  the  minority,  inex- 
pedient to  legislate,  be  substituted  for  the  majority  report, 
ought  to  pass  with  amendment,  and  spoke  in  favor  of  the  mo- 
tion. 

Reps.  Joseph  L.  Cote,  Harvell,  Coutermarsh,  George  L 
Wiggins,  Nelson,  Pryor,  Curran  and  George  B.  Roberts,  Jr., 
spoke  in  favor  of  the  motion. 

Reps.  Taber,  Belair,  Ezra  B.  Mann,  Winkley,  Fortier,  Cur- 
rier and  Gelinas  non-spoke  in  favor  of  the  motion. 

Reps.  Coburn,  Williamson,  Barrus,  Woodruff,  Claflin, 
Schwaner  and  Green  spoke  against  the  motion. 

Rep.  Barrus  requested  a  roll  call  seconded  by  Reps.  David 
}.  Bradley,  Milbank,  Dorthea  M.  O'Neil,  Greene,  Bowler  and 
Claflin. 

ROLL  CALL 

Yeas:   212     Nays.     117 

YEAS 

Sullivan  County: 

D'Amante,  Scott,  Olden,  Wiggins,  George  L 

Belknap  County: 

French,  Lawton,  Matheson,  Marsh,  Roberts,  George  B., 
Twigg,  Hildreth,  Sabbow,  Maguire,  Murray,  James  W. 


36  House  Journal,  27Feb74 

Carroll  County: 

Howard,  Donalda  K.,  Webster,  T.  Anne. 

Cheshire  County: 

Galloway,  Johnson,  Edward  A.,  Whipple,  Dunham,  Mar- 
shala,  McGinness,  Savage,  Forcier,  Yardley,  Streeter,  Nims, 
Drew,  Scranton. 

Coos  County: 

Huggins,  Metcalf,  Bushey,  Burns,  Richardson,  Mabel  L., 
Kidder,  Victor  L.,  Oleson,  Fortier,  Pryor,  Brungot,  Gagnon, 
Rebecca,  Theriault. 

Grafton  County: 

Curran,  Stevenson,  Bradley,  Richard  L.,  Clark,  Jones,  An- 
thony, K.,  Mann,  Ezra  B.,  Anderson,  Fayne  E.,  Jones,  Albert  C, 
Buckman,  Harrison,  Gemmill,  Bell,  Webb,  Krainak,  Duhaime, 
Eaton,  Myrl  R. 

Hillsborough  County: 

Eaton,  Joseph  M.,  Humphrey,  Howard  S.,  Withington, 
Murray,  Fred  E.,  Karnis,  Eaton,  Clyde  S.,  Warren,  E.  George, 
Archambault,  Roy,  Antonio  J.,  Perkins,  Arnold  B.,  Harvell, 
Nelson,  Bragdon,  Brown,  G.  Winthrop,  Carter,  Coburn,  Lang- 
dell,  Dwyer,  Geiger,  Lyons,  Alukonis,  Bednar,  Nutting,  Polak, 
Currier,  Seamans,  Ethier,  Rock,  Record,  Belcourt,  Winn,  John 
T.,  Winn,  Cecelia  L.,  Charest,  Desmarais,  Lachance,  Gabriel, 
Migneault,  Boisvert,  Mason,  Ouellette,  Wilcox,  Coutermarsh, 
Erickson,  Lebel,  Daniels,  Ackerson,  Bourassa,  Montplaisir,  Mur- 
phy, Horan,  Bruton,  Cote,  Joseph  L.,  Cullity,  Shea,  Barrett, 
William  F.,  Healy,  Daniel  J.,  McDonough,  Clancy,  Drewniak, 
Sullivan,  Mary  J.,  Beaulieu,  Gelinas,  Taber,  Healy,  George  T., 
MacDonald,  Thibeault,  P.  Robert,  Burke,  Grady,  O'Connor, 
Timothy  K.,  D'Allesandro,  Sweeney,  Lamy,  Lemire,  Armand 
R.,  Levasseur. 

Merrimack  County: 

Bigelow,  Chandler,  Jones,  Donald  P.,  Parker,  Harry  C, 
Deoss,  Hanson,  Boucher,  Laurent  J.,  Enright,  Rice,  Gamache, 
Gordon,  George  E.,  Plourde,  Bartlett,  Thompson,  Doris  L., 
Wiggin,  Elmer  S.,  Humphrey,  James  A.,  Piper,  Gate,  Tarr,  Wil- 
son, Ralph  W.,  Howard,  C.  Edwin. 

Rockingham  County: 

King,  Davis,  Roy  W.,  Wilson,  Helen  F.,  Boucher,  William 


House  Journal,  27Feb74  37 

P.,  Kashulines,  Skinner,  Soule,  Thibeault,  George  J.,  Barka, 
Gibbons,  Gorman,  MacGregor,  Read,  Senter,  Belair,  Sayer, 
Southwick,  Stevens,  William  J.,  Spollett,  Webster,  Clarence  L., 
White,  Vey,  Erler,  Goodrich,  Tavitian,  Akerman,  Casassa,  Cun- 
ningham, Collishaw,  Twardus,  Scamman,  Stevens,  Elliott  A., 
Ellis,  Hammond,  Griffin,  Cotton,  Dame,  Hodgdon. 

Strafford  County: 

Dawson,  Rowell,  Tirrell,  Joncas,  Bouchard,  Maloomian, 
Chasse,  Peter  N.,  Meserve,  Tanner,  Tibbetts,  Ruel,  Winkley, 
LaRoche,  Gagnon,  Arthur,  Preston,  Boisse,  Leighton,  Donnel- 
ly, Kincaid,  O'Connor,  Roderick  H.,  Parnagian,  Pray. 

NAYS 

Sullivan  County: 

Townsend,  Sara  M.,  Barrus,  Rousseau,  Roy,  Mary  R., 
Spaulding,  Roma  A.,  Tucker,  Brodeur,  Burrows,  Lewko,  Friz- 
zell,  Williamson. 

Belknap  County: 

Nighswander,  Wuelper,  Bowler,  Roberts,  Charles  B., 
Pierce,  Randlett. 

Carroll  County: 

Duprey,  Davis,  Dorothy  W.  Chase,  Claflin,  Allen. 

Cheshire  County: 

Stevens,  Anthony,  Johnson,  Elmer  L.,  Ladd,  Gordon,  Anne 
B.,  Milbank,  Turner,  Cooke,  Close. 

Coos  County: 

Patrick,  Hunt. 

Grafton  County: 

Gallen,  Chamberlin,  Fimlaid,  Altman,  Bradley,  David  J., 
Chambers,  Copenhaver,  Nutt,  Hough,  Symons,  Townsend, 
Madeline  G. 

Hillsborough  County: 

Heald,  Philip  C,  Colburn,  Thomson,  Harold  E.,  Orcutt, 
Knight,  Ferguson,  Boyd,  Hall,  Carswell,  Bergeron,  Smith, 
Leonard  A.,  Richardson,  John  W.,  Parker,  Gerry  F.,  Zechel, 
Woodruff,  Cote,  Margaret  S.,  McGlynn,  Ainley,  Milne,  Zachos, 
Nardi,  Smith,  Craig  D.,  Spirou,  Dupont,  Gardner,  O'Neil, 
Dorthea  M.,  Normand,  Bernier. 


38  House  Journal,  27Feb74 

Merrimack  County: 

Kidder,  William  F.,  Thompson,  Arthur  E.,  Perkins,  John 
B.,  Cushman,  Kopperl,  Mattice,  Burleigh,  Daniell,  Fisher, 
Davis,  Alice,  McLane,  Newell,  Jones,  H.  Gwendolyn,  Rich, 
Underwood,  Hager,  Noble. 

Rockingham  County: 

Stimmell,  DeCesare,  Roy,  Vesta  M.,  Sununu,  Hoar,  San- 
born, Schwaner,  Simard,  Rogers,  Hamel,  Randall,  Parr,  Brown, 
Benjamin  A.,  Eastman,  Junkins,  Page,  Weeks,  Greene,  Lock- 
hart,  Maynard,  Palfrey,  Splaine,  McEachern,  Joseph  A. 

Strafford  County: 

Plumer,  Hebert,  Thompson,  Barbara  C,  Tripp,  McManus, 
Peabody. 

Reps.  Spalding,  Kenneth  W.  and  Harriman  abstained 
under  Rule  16. 

Reps.  McLaughlin  and  Aubut  wish  to  be  recorded  as  vot- 
ing yes. 

212  members  having  voted  in  the  affirmative  and  117  in 
the  negative,  the  motion  prevailed. 

Rep.  Colby  wishes  to  be  recorded  in  favor  of  the  motion, 
inexpedient  to  legislate  on  HB  22. 

RECONSIDERATION 
Rep.  Coutermarsh  moved  reconsideration  on  HB  22. 
Reconsideration  lost. 

HB  23 

continuing  present  city  of  Somersworth's  elected  officials 
in  office  until  next  regular  election  and  electing  constitutional 
convention  delegates  from  old  wards;  and  permitting  the  city 
of  Rochester  to  hold  a  referendum  to  abolish  the  police  com- 
mission and  amend  its  charter.  Ought  to  pass  with  amendment. 
Rep.  Benton  for  Municipal  and  County  Government. 

Emergency  legislation  required  to  provide: 

a.  Certain  elected  city  officers  of  Somersworth  would  con- 
tinue in  office,  representing  old  wards,  until  next  election 
affecting  that  office.  These  officials  had  been  inadvertently 
omitted  from  Chapter  572,  Laws  of  1973,  which  permitted 


House  Journal,  27Feb74  39 

representatives  to  continue  to  represent  old  wards  until 
the  next  election. 

b.  Somersworth  delegates  to  Con-Con  would  be  elected 
from  wards  existing  prior  to  redistricting,  caused  by  in- 
ability of  Somersworth  to  complete  voter  re-registration 
under  the  new  ward  lines. 

The  bill,  as  amended,  deletes  all  reference  to  a  referendum 
to  be  held  in  the  city  of  Rochester  on  the  subject  of  the 
Rochester  Police  Commission. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 

An  Act 

continuing  present  city  of  Somersworth's  elected  officials 
in  office  until  the  next  regular  election  and  electing 
constitutional  convention  delegates  from  old  wards. 

Amend  the  bill  by  striking  out  all  after  section  2  and 
inserting  in  place  thereof  the  following: 

3  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Amendment  adopted. 

Ordered  to  third  reading. 

SUSPENSION  OF  RULES 

Rep.  Meserve  moved  that  the  rules  of  the  House  be  so 
far  suspended  as  to  place  HB  23  on  third  reading  and  final 
passage  by  title  only  at  the  present  time. 

Rep.  George  B.  Roberts,  Jr.  spoke  in  favor  of  the  motion. 

Adopted  by  the  necessary  two-thirds. 

Third  reading  and  final  passage 

HB  23,  continuing  present  city  of  Somersworth  elected 
officials  in  office  until  next  regular  election  and  electing  consti- 
tutional convention  delegates  from  old  wards. 

RECESS 


40  House  Journal,  27Feb74 

AFTER  RECESS 

SENATE  MESSAGES 

CONCURRENCE 

A  resolution  legalizing,  ratifying,  approving  and  confirm- 
ing the  action  taken  by  the  rules  committee. 

INTRODUCTION  OF  SENATE  BILL 

First,  second  reading  and  referral 

SB  5,  providing  that  a  person  cannot  be  denied  unemploy- 
ment compensation  benefits  if  he  refuses  a  job  too  distant  from 
his  home.  Labor,  Human  Resources  and  Rehabilitation. 

COMMITTEE  REPORTS  CONTINUED 

HB  7 

permitting  municipalities  to  establish,  acquire,  maintain 
and  operate  public  transportation  facilities  in  cooperation  with 
governmental  units  of  adjoining  states  and  permitting  broader 
cooperation  in  furnishing  of  municipal  services.  Ought  to  pass 
with  amendment.  Rep.  Bergeron  for  Municipal  and  County 
Government 

Permissive  legislation  which  would  permit  interstate  co- 
operation for  mass  transportation  and  will  help  relieve 
transportation  problems  now  being  experienced  in  Grafton 
County.  Amendments  are  for  clarification  purposes  and  to 
make  the  bill  effective  "upon  its  passage." 

AMENDMENT 

Amend  RSA  53-A:3,  XV  as  inserted  by  section  2  of  the  bill 
by  striking  out  said  paragraph  and  inserting  in  place  thereof  the 
following: 

XV.  The  establishment,  acquisition,  or  contracting  for  the 
maintenance  and  operation  of  any  public  transportation  system 
and  related  facilities  for  the  conveyance  of  passengers. 

Amend  the  bill  by  striking  out  sections  4  and  5  of  same  and 
inserting  in  place  thereof  the  following: 

4  Appropriations  by  Cities.  Amend  RSA  47:ll-a,  as  in- 


House  Journal,  27Feb74  41 

serted  by  1969,  365:1  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following: 

47:ll-a  Mass  Transportation  for  Cities. 

I.  Power  to  Appropriate.  The  governing  body  of  any  city 
may,  subject  to  the  provisions  of  paragraphs  II  and  III,  raise 
and  appropriate  such  sums  of  money  as  public  convenience  or 
necessity  may  require,  to  aid  or  to  contribute  to  a  mass  trans- 
portation system, 

II.  Optional  Referendum.  If  the  governing  body  of  a  city 
should  desire  to  place  the  question  of  whether  or  not  to  appro- 
priate a  certain  sum  of  money  pursuant  to  the  provisions  of 
paragraph  I,  they  may  place  said  question  on  a  referendum  to 
be  voted  upon  at  any  regular  municipal  election,  or  at  a  special 
election  called  for  the  purpose  of  voting  on  said  question. 
Should  a  referendum  be  held,  the  following  questions  shall  be 
submitted  "Shall  the  governing  body  of  the  city  of  (  ) 
be  instructed  to  appropriate  ($  )  for  the  purpose  of 
aiding  mass  transportation?"  The  governing  body  shall  be 
bound  by  the  outcome  of  the  referendum. 

III.  Two-Thirds  Vote.  If  the  governing  body  of  a  city 
should  decide  not  to  place  the  question  of  whether  or  not  to 
appropriate  a  certain  sum  of  money  pursuant  to  the  provisions 
of  paragraph  I  on  a  referendum,  a  two-thirds  vote  of  the  entire 
membership  of  the  governing  body  shall  be  necessary  in  order 
to  approve  said  appropriation. 

5  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 
Amendment  adopted. 
Ordered  to  third  reading. 

HB  30 

relative  to  the  civil  commitment  procedures  in  the  probate 
courts  and  detention  and  discharge  procedures  for  the  mentally 
ill.  Ought  to  pass.  Rep.  Frizzell  for  Judiciary. 

HB  30  provides  for  increase  in  length  of  time  allowed  for 
emergency  diagnostic  detention  from  fifteen  to  thirty  days 
and  time  for  hearing  from  five  to  ten  days;  and  authorizes 
compensation  for  extra  work  done  by  registers  of  probate. 
No  new  appropriation.  Several  amendments  were  offered 


42  House  Journal,  27Feb74 

but  they  were  rejected  as  being  non-germane  or  needing 
more  study. 

Ordered  to  third  reading. 

HB  10 

providing  for  a  special  license  to  hunt  pheasants;  and  au- 
thorizing the  director  of  fish  and  game  to  implement  a  buck 
law  on  a  county,  town,  city  or  area  basis,  ^vith  the  approval  of 
the  fish  and  game  commission.  Inexpedient  to  legislate.  Rep. 
Chamberlin  for  Fish  and  Game. 

Committee  felt  no  need  for  special  licenses  at  this  time 
and  also  unanimously  opposed  to  the  concept  of  a  buck 
only  law. 

Rep.  Maynard  moved  that  the  words,  ought  to  pass  with 
amendment,  be  substituted  for  the  committee  report,  inexpedi- 
ent to  legislate. 

The  clerk  read  the  amendment  in  full. 

Rep.  Maynard  spoke  in  favor  of  the  motion, 

(discussion) 

Reps.  T.  Anne  Webster,  Chamberlin,  Laurent  J.  Boucher 
and  John  T.  Winn  spoke  against  the  motion. 

Rep.  Maynard  spoke  a  second  time  in  favor  of  the  motion. 

Motion  lost. 

Resolution  adopted. 

HB  19 

increasing  the  amount  of  political  expenditures  authorized 
for  candidates  in  primary  and  general  elections  seeking  the 
office  of  governor,  U.  S,  senator,  representative  in  congress, 
governor's  councilor,  county  officer,  state  senator  or  representa- 
tive to  the  general  court.  Ought  to  pass.  Rep.  Chase  for  Statu- 
tory Revision. 

In  recognition  of  the  higher  cost  of  political  campaigns, 
this  will  raise  the  legal  limits  under  which  candidates  may 
work. 

Rep.  Gerry  F.  Parker  moved  that  the  words,  inexpedient  to 


House  Journal,  27Feb74  43 

legislate  be  substituted  for  the  committee  report,  ought  to  pass 
and  spoke  in  favor  of  the  motion. 

Rep.  Chase  spoke  against  the  motion. 
Rep.  Gorman  spoke  in  favor  of  the  motion. 

(discussion) 
Rep.  James  W,  Murray  spoke  in  favor  of  the  motion. 
Rep.  Daniell  non-spoke  in  favor  of  the  motion  . 

Rep.  Parker  requested  a  division  and  subsequently  with- 
drew his  request. 

Motion  lost. 

Ordered  to  third  reading. 

HB  33 

relative  to  the  Winnipesaukee  River  Basin  Control.  Ought 
to  pass  with  amendment.  Rep.  Claflin  for  Resources,  Recrea- 
tion and  Development. 

The  bill  breaks  section  1  into  numbered  paragraphs  for 
easier  understanding,  assesses  reasonable  costs  for  opera- 
tion and  maintenance  to  participating  municipalities,  and 
for  capital  costs  based  on  share  of  use  of  system  upon  ap- 
proval to  construct. 

The  amendment  removes  a  portion  of  the  bill  which 
would  make  operation  and  costs  ultimately  the  obligation 
of  the  states. 

The  amendment  removes  a  portion  of  the  bill  which 
would  make  operation  and  maintenance  and  administra- 
tive costs  ultimately  the  obligation  of  the  state. 

The  amendment  also  provides  for  the  continuation  of  the 
present  committee  to  study  and  report  on  the  program 
and  needs  of  the  Water  Supply  and  Pollution  Control 
Commission,  require  all  requested  material  and  increase 
the  membership  from  nine  to  eleven. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 


44  House  Journal,  27Feb74 

An  Act 

relative  to  the  Winnipesaukee  River  Basin  Control;  and 

providing  for  continuation  of  the  study  committee  on  the 

water  supply  and  pollution  control  commission. 

Amend  RSA  149-G:1,  I,  as  inserted  by  section  1  of  the  bill 
by  striking  out  in  line  four  the  word  "Alton,",  so  that  said  para- 
graph as  amended  shall  read  as  follows: 

I.  The  New  Hampshire  water  supply  and  pollution  control 
commission  is  hereby  authorized  and  directed  to  acquire,  plan, 
construct,  and  operate,  to  serve  certain  mimicipalities  within 
the  Winnipesaukee  river  basin  (including,  but  not  necessarily 
limited  to  Meredith,  Laconia,  Gilford,  Belmont,  Sanbornton, 
Tilton,  Northfield,  and  Franklin)  any  and  all  sewage  and  waste 
disposal  facilities  (meaning  only  those  facilities  eligible  for  fed- 
eral and  state  aid)  in  accordance  with  basin  and  regional  treat- 
ment needs  consistent  with  federal  and  state  requirements. 

Amend  RSA  149-G:6,  HI,  as  inserted  by  section  2  of  the 
bill  by  striking  out  in  line  one  the  word  "nine"  and  by  striking 
out  in  line  three  the  word  "municipalities"  and  inserting  in 
place  thereof  the  following  (communities) ,  so  that  said  para- 
graph as  amended  shall  read  as  follows: 

HI.  The  communities  specified  in  RSA  149-G:1,  when  the 
first  contract  is  let  for  the  construction  of  any  sewage  waste 
treatment  facility  which  will  be  used  by  all  the  communities 
who  are  or  become  participating  members  of  the  system,  shall 
be  assessed  the  full  amount  of  the  municipalities'  share  of  the 
total  capital  cost  of  said  facility,  which  shall  be  paid  to  the  state 
upon  certification  of  what  percentage  of  the  municipalities'  total 
share  is  payable  by  each  municipality. 

Amend  RSA  149-G:6,  IV,  as  inserted  by  section  2  of  the 
bill  by  striking  out  in  line  one  the  word  "nine",  so  that  said 
paragraph  as  amended  shall  read  as  follows: 

IV.  The  communities  specified  in  RSA  149-G:1  and  any 
other  community  upon  application  to  and  approval  of  the  water 
supply  and  polhition  control  commission  to  become  a  par- 
ticipating municipality  in  the  system,  shall  be  assessed  the  mu- 
nicipality's share  of  the  capital  costs,  for  any  facility  either  in 
existence  or  constructed  to  serve  that  particular  community.  If 
two  or  more  communities  are  served  by  a  particular  facility,  a 


House  Journal,  27Feb74  45 

portion  of  the  municipality's  share  of  the  total  capital  costs  of 
the  facility  shall  be  assessed  each  community  served  on  the  same 
basis  as  provided  for  in  paragraph  VI. 

Amend  RSA  149-G:6,  V,  as  inserted  by  section  2  of  the  bill 
by  inserting  in  line  one  after  the  word  "municipality"  the  fol- 
lowing (making  application  thereto) ,  so  that  said  paragraph  as 
amended  shall  read  as  follows: 

V.  Any  municipality  making  application  thereto  that  is 
subsequently  approved  by  the  water  supply  and  pollution  con- 
trol commission  to  become  a  participating  member  of  the  sys- 
tem sliall  be  assessed  a  proportionate  share  of  the  municipality's 
costs  originally  assessed  for  any  facility  in  the  system  that  will 
serve  the  new  community  member  of  the  system.  The  assess- 
ment shall  then  be  equitably  distributed  by  the  water  supply 
and  pollution  control  commission  to  the  municipalities  that 
participated  in  the  original  capital  costs  for  that  facility  or  fa- 
citilies  to  be  utilized  by  the  new  participating  member. 

Amend  RSA  149-G:6,  VI,  as  inserted  by  section  2  of  the 
bill  by  striking  out  in  lines  twelve  and  thirteen  the  words  "Any 
operating  and  maintenance  costs  over  and  above  what  has  been 
determined  to  be  reasonable  by  the  commission  shall  be  an  obli- 
gation of  the  state.) ,  so  that  said  paragraph  as  amended  shall 
read  as  follows: 

VI.  The  assessments  and  allocations  provided  to  be  made 
by  this  section  shall  be  made  by  taking  into  account  the  volume 
and  strength  of  the  industrial,  domestic,  commercial,  and  all 
other  waste  discharges  treated  and  techniques  of  treatment  re- 
quired. Reasonable  costs  as  determined  by  the  water  supply 
and  pollution  control  commission,  associated  with  transporting 
raw  or  treated  sewage  through  each  major  interceptor  from  a 
municipality  at  which  it  is  generated  to  the  point  of  treatment 
or  discharge  shall  be  allocated  to  the  municipality  ^vhich  uses 
the  interceptor  on  the  basis  of  volume  and  distance  traveled. 
In  determining  said  assessment  or  allocation  for  each  munici- 
pality, the  commission  shall  abide  by  federal  regulations  which 
govern  the  allocation  of  costs  and  receipt  of  payments  by  in- 
dustry for  industrial  discharge. 

Amend  RSA  149-G:6,  as  inserted  by  section  2  of  the  bill  by 
striking  out  paragraph  X. 


46  House  Journal,  27Feb74 

Amend  the  bill  by  striking  out  all  after  section  2  of  same 
and  inserting  in  place  thereof  the  following: 

3  Study  Committee  on  Water  Supply  and  Pollution  Con- 
trol Commission  Continued.  The  special  committee  established 
pursuant  to  the  laws  of  1973,  chapter  334,  shall  be  continued. 

4  Committee  Membership  Enlarged.  Amend  the  laws  of 
1973,  chapter  334,  by  striking  out  all  after  the  resolving  clause 
and  inserting  in  place  thereof  the  following: 

That  there  is  hereby  established  a  special  legislative  com- 
mittee to  study  and  report  on  the  existing  program  and  future 
needs  of  the  water  supply  and  pollution  control  commission. 
The  committee  shall  review  the  efficiency,  economy  and  effec- 
tiveness of  present  procedures,  policies  and  programs  of  the 
commission  with  respect  to  the  handling  of  the  duties  and  func- 
tions assigned  to  it.  The  committee  shall  make  recommenda- 
tion for  any  additional  safeguards,  personnel  and  other  mea- 
sures which  it  deems  necessary  in  order  that  the  commission 
may  carry  out  its  present  and  anticipated  future  responsibilities. 
Said  committee  shall  consist  of  thirteen  members  appointed  as 
follows:  three  senators  from  the  senate  resources  and  environ- 
mental control  committee  appointed  by  the  president  of  the 
senate,  five  representatives  of  the  house  committee  on  resources, 
recreation  and  development  appointed  by  the  speaker  of  the 
house  and  three  members  representing  the  general  public  ap- 
pointed by  the  governor.  The  committee  shall  elect  one  of  its 
members  as  chairman.  The  committee  shall  report  its  findings 
and  recommendations  to  the  general  court.  The  committee 
shall  have  full  power  and  authority  to  require  from  the  several 
departments,  agencies,  and  officials  of  the  state  and  its  political 
subdivisions,  such  data,  information  and  assistance  as  it  may 
deem  necessary  or  desirable  for  the  purposes  of  this  study.  The 
water  supply  and  pollution  control  commission  shall  provide 
the  special  committee  with  such  of  its  rules,  regulations  and 
procedures  as  the  committee  may  request,  together  with  the 
justification  therefor. 

5  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

At  the  request  of  Rep.  Newell,  Rep.  Claflin  explained  the 
amendment. 

(discussion) 

Amendment  adopted. 

Referred  to  Appropriations. 


House  Journal,  27Feb74  47 

HB  4 

providing  supplemental  grants  to  families  with  dependent 
children  and  making  an  appropriation  therefor.  Ought  to  pass 
with  amendment.  Rep.  Haller  for  Public  Health  and  Welfare 

Provides  supplemental  grants  to  families  with  dependent 
children.  Also  authorizes  fiat  grant  payments  for  cate- 
gorical assistance. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

AN  ACT 

providing  supplemental  grants  to  families  with  dependent 

children  and  making  an  appropriation  therefor  and 
authorizing  flat  grant  payments  for  categorical  assistance. 

Amend  the  bill  by  striking  out  section  2  and  inserting  in 
place  thereof  the  following: 

2  Authorizing  Flat  Grant  Payments.  Amend  RSA  167:7, 
as  amended,  by  inserting  in  line  1 1  after  the  word  "health" 
the  following  (The  director  of  the  division  of  welfare  may 
adopt  a  system  of  flat  grant  assistance  payments  to  separate 
categories  of  recipients,  but,  if  a  recipient's  need  for  assistance 
exceeding  the  flat  grant  so  requires,  the  director  shall  consider 
such  need  in  determining  the  amount  of  assistance  to  be  re- 
ceived by  the  recipient.)  so  that  said  section  as  amended  shall 
read  as  follows: 

167:7  Amount  of  Assistance.  The  director  of  the  division 
of  welfare,  department  of  health  and  welfare,  shall  determine 
the  amount  of  assistance  which  any  person  shall  receive  under 
this  chapter  or  RSA  161.  The  director  of  the  division  of  wel- 
fare shall,  however,  in  appropriate  cases  first  consult  with  the 
proper  officials  of  counties  or  towns  hereby  required  to  con- 
tribute to  the  cost  thereof.  In  any  case  due  regard  shall  be  given 
to  the  resources,  necessary  expenditures  in  each  case,  the  con- 
ditions existing  in  each  case,  and  the  rules  and  regulations 
made  by  the  division,  and  said  assistance  shall  be  sufficient, 
when  added  to  all  other  income  and  resources  of  the  case,  to 
provide  such  person  with  a  reasonable  subsistence  compatible 
with  decency  and  health.  The  director  of  the  division  of  wel- 


48  House  Journal,  27Feb74 

fare  may  adopt  a  system  of  flat  grant  assistance  payments  to 
separate  categories  of  recipients,  but,  if  a  recipient's  need  for 
assistance  substantially  varies  from  what  the  flat  grant  provides, 
the  director  shall  consider  such  need  in  determining  the 
amount  of  assistance  to  be  received  by  the  recipient. 

3  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 
Amendment  adopted. 
Referred  to  Appropriations. 

HB  3 

relative  to  establishment  of  a  food  stamp  program  and 
making  an  appropriation  therefor.  Ought  to  pass.  Rep.  Carol 
Pierce  for  Public  Health  and  Welfare. 

Establishes  a  food  stamp  program. 

Referred  to  Appropriations. 

HB  31 

authorizing  the  public  utilities  commission  to  acquire,  as 
agent  of  the  state,  such  railroad  properties  within  the  state 
deemed  to  be  necessary  for  continued  and  future  railroad  opera- 
tion for  the  benefit  of  the  public,  and  making  an  appropriation 
therefor.  Ought  to  pass  with  amendment.  Rep.  Chase  for  Statu- 
tory Revision. 

This  bill  authorizes  the  Public  Utilities  Commission,  as 
the  sole  agent  of  the  state,  to  acquire  railroad  properties 
when  deemed  to  be  in  the  best  public  interest  to  maintain 
the  operation  of  any  rail  service  in  the  state. 

The  Public  Utilities  Commission  shall  have  the  authority 
to  sell  or  lease  said  railroad  properties  to  private  enterprise 
for  the  continuance  of  the  rail  service. 

The  bill  further  provides  the  commission  with  condemna- 
tion rights  pursuant  to  RSA  498-A,  the  eminent  domain 
statute. 

The  commission  is  authorized  to  work  with  Federal  au- 
thorities and  other  states  where  the  acquisition,  operation 
and  maintenance  of  rail  service  to  New  Hampshire  is  in- 
volved. 

A  bond  issue  of  eight  million  dollars  for  fiscal  1974  is  re- 
quested to  acquire  existing  available  railroad  properties. 


House  Journal,  27Feb74  49 

An  appropriation  of  $26,723.00  for  fiscal  1974  and  a  sum  of 
$94,407.00  for  fiscal    1975   is  requested  in   this  bill. 

AMENDMENT 

Amend  RSA  372-A:  1,  VI  as  inserted  by  section  1  of  the  bill 
by  striking  out  said  paragraph  and  inserting  in  place  thereof 
the  following: 

VI.  The  policy  of  the  state  of  New  Hampshire  is  to  preserve 
for  continued  rail  service  or  other  public  uses  the  line  or  lines 
of  all  railroads  within  the  state,  including  but  not  restricted  to 
lines  abandoned  or  to  be  abandoned  in  the  state. 

Amend  RSA  372-A:  11  as  inserted  by  section  1  of  the  bill  by 
striking  out  said  section  and  inserting  in  place  thereof  the 
following: 


^o* 


372-A:  11  Planning  Authority.  The  commission  shall  have 
the  power  and  authority  to  develop  and  promulgate  plans  for 
the  development  and  continuation  of  railroad  systems  within 
the  state  of  New  Hampshire.  The  commission  shall  have  the 
duty  and  responsibility  for  establishing  a  state  plan  as  referred 
to  in  the  Regional  Rail  Reorganization  Act  of  1973,  including 
Sections  401,  402  and  403  thereof. 

Amend  RSA  372-A:  14  as  inserted  by  section  1  of  the  bill 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following: 

372-A:  14  Delinquent  Railroad  Taxes.  Notwithstanding  any 
other  provision  of  law  to  the  contrary,  there  are  hereby  appro- 
priated to  the  commission,  and  the  commission  may  utilize,  any 
delinquent  state  taxes  and  the  interest  due  thereon  to  the  date 
of  acquisition  from  any  railroad  entity  only  as  an  off-set  against 
the  purchase  cost  of  any  railroad  property  purchased  from  that 
railroad  entity.  Such  taxes  and  interest  hereby  appropriated 
shall  be  in  addition  to  any  other  funds  available  for  the  purposes 
of  this  chapter. 

Amend  RSA  372-A:  17  as  inserted  by  section  1  of  the  bill  by 
striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

372-A:  17  Disposition  of  Acquired  Rail  Properties.  When- 
ever the  commission  determines  that  any  rail  properties  ac- 


50  House  Journal,  27Feb74 

quired  by  the  state  are  no  longer  needed  for  railroad  purposes, 
it  may  transfer  or  sell  such  rail  properties  to  any  other  state 
department  or  agency,  or  political  subdivision  of  the  state, 
which  will  utilize  such  properties  for  public  purpose  and,  if  no 
state  department  or  agency,  or  political  subdivision,  wants  such 
properties,  the  commission  may  sell  them,  with  the  proceeds 
being  deposited  to  the  special  railroad  fund  established  by  RSA 
372-A:  18.  Such  transfer  or  sale  shall  require  the  approval  of  the 
governor  and  council. 

Amendment  adopted. 

Referred  to  Appropriations. 

HB  20 

increasing  the  interest  rate  for  housing  authority  bonds. 
Ought  to  pass.  Rep.  Chase  for  Statutory  Revision. 

Would  allow  municipal  housing  authorities  to  borrow 
money  at  a  maximum  interest  rate  of  8%.  The  present  law 
limits  the  maximum  to  6%. 

Ordered  to  third  reading. 

Rep.  Newell  offered  the  following  House  Concurrent  res- 
olution: 

HOUSE  CONCURRENT  RESOLUTION  NO.  4 

Be  it  Resolved  by  the  House  of  Representatives,  the  Senate 
concurring,  that  a  new  rule  be  added  to  the  Joint  Rules  of  this 
session,  to  wit: 

32  Neither  house  shall  adjourn  for  longer  than  five  days 
without  the  consent  of  the  other. 

Referred  to  the  Rules  Committee. 

RECONSIDERATION 

Rep.  T.  Anne  Webster  moved  reconsideration  on  HB  10, 
providing  for  a  special  license  to  hunt  pheasants;  and  authoriz- 
ing the  director  of  fish  and  game  to  implement  a  buck  law  on  a 
county,  town,  city  or  area  basis,  ^vith  the  approval  of  the  fish 
and  game  commission. 

Reconsideration  lost. 


House  Journal,  6Mar74  51 

RESOLUTION 

Rep.  George  B.  Roberts,  Jr.  moved  that  all  bills  ordered  to 
third  reading  be  read  a  third  time  by  this  resolution  and  that 
all  titles  of  bills  be  the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  unless  otherwise  ordered  by  the  House,  and 
that  when  the  House  adjourns  today  it  be  to  meet  Wednesday 
next  at  11:00  a.m. 

Adopted. 

LATE  SESSION 
Third  reading  and  final  passage 

HB  21,  relative  to  the  duties  of  the  state  board  of  education 
and  prohibiting  the  expenditure  of  public  moneys  in  non-public 
schools  unless  said  schools  have  program  approval  by  the  de- 
partment of  education. 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill. 

HB  7,  permitting  municipalities  to  establish,  acquire,  main- 
tain and  operate  public  transportation  facilities  in  cooperation 
with  governmental  units  of  adjoining  states  and  permitting 
broader  cooperation  in  furnishing  of  municipal  services. 

HB  19,  increasing  the  amount  of  political  expenditures 
authorized  for  candidates  in  primary  and  general  elections  seek- 
ing the  office  of  governor,  U.  S.  senator,  representative  in  con- 
gress, governor's  councilor,  county  officer,  state  senator  or  repre- 
sentative to  the  general  court. 

HB  20,  increasing  the  interest  rate  for  housing  authority 
bonds. 

On  motion  of  Rep.  Symons  the  House  adjourned  at  4:40 
p.m. 


Wednesday,  6Mar74 

The  House  met  at  11 :00  o'clock. 

Prayer  was  offered  by  House   Chaplain  Rev.  Joseph  Y. 
Beaulieu. 


52  House  Journal,  6Mar74 

O,  Lord,  our  God,  we  ask  You  to  bless,  preserve  and  keep 
us,  and  all  whom  we  love,  and  all  who  need  our  prayers  and 
efforts.  Amen. 

PLEDGE  OF  ALLEGIANCE 
Rep.  Bigelow  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 
Reps.  Ellis  and  Southwick,  the  day,  illness. 
Reps.  Gibbons,  Sewall  and  Montplaisir,  indefinite,  illness. 
Rep.  Hough,  the  day,  important  business. 
Rep.  Burleigh,  the  week,  important  business. 
Rep.  Tarr,  today  and  tomorrow,  important  business. 

COMMUNICATION 
Dear  Mr.  Speaker  and  Members  of  the  Honorable  House, 

On  behalf  of  her  family,  her  many  friends  throughout  the 
state,  and  the  organizations  for  which  she  worked  so  devotedly, 
I  want  to  express  our  deep  appreciation  and  respect  for  the 
memorial  resolution  honoring  Miriam  Jackson. 

Among  her  many  interests,  there  was  nothing  Miriam  be- 
lieved more  important  than  our  democratic  legislative  system. 
She  was  particularly  mindful  of  New  Hampshire's  unique  pro- 
cess, w^hereby  every  bill  must  have  a  public  hearing  and  be 
brought  to  the  floor  for  consideration. 

All  of  us  who  knew  and  loved  Miriam  take  great  pride  in 
this  thoughtful  action  of  the  Legislature. 

We  were  particularly  touched  at  the  wording  of  the  reso- 
lution. It  faithfully  portrayed  the  philosophy  which  enabled 
Miriam  to  have  good  relationships  with  representatives  of  every 
viewpoint,  party  &  faction.  For  she  truly  believed  that  people 
are  more  important  than  issues. 

With  respect  and  appreciation, 
Patrick  Jackson 

Rep.  Harvell  moved  that  the  communication  be  printed 
in  the  Journal. 

Adopted. 


House  Journal,  6Mar74  53 

DECISION  OF  THE  NEW  HAMPSHIRE 
SUPREME  COURT 

James  E.  O'Neil,  Sr.  6-  a. 

V. 

Meldrim  Thomson,  Jr.,  as  Governor 

February  28,  1974 

McLane,  Graf,  Greene  &  Brown  and  Richard  S.  Snierson 
(Mr.  Stanley  M.  Brown  orally)  for  James  E.  O'Neil,  Sr.  and 
others  as  members  of  the  New  Hampshire  General  Court  and 
individually. 

Cleveland,  Waters  6-  Bass  and  Robert  T.  Clark  (Mr.  Clark 
orally)  for  State  Employees'  Association  of  New  Hampshire, 
Inc. 

Charles  G.  Douglas  III,  legal  counsel  to  the  Governor,  by 
brief  and  orally,  for  Meldrim  Thomson,  Jr. 

Stanton  E.  Tefft,  by  brief  and  orally,  for  intervenors,  be- 
ing seven  members  of  the  House  of  Representatives  in  opposi- 
tion to  the  petition. 

LAMPRON,  J.  Petition  for  a  declaratory  judgment  and 
other  relief  brought  against  Meldrim  Thomson,  Jr.,  as  Gov- 
ernor, by  certain  members  of  the  General  Court  in  their  ca- 
pacity as  President  and  Vice  President  of  the  Senate  and  as 
Speaker  and  Deputy  Speaker  of  the  House  and  as  minority 
leaders  of  the  Senate  and  the  House  and  as  individual  tax- 
payers. Also  a  plaintiff  is  the  New  Hampshire  State  Employees' 
Association,  Inc.,  a  voluntary  corporation,  in  its  own  right  and 
on  behalf  of  its  members  and  of  all  classified  employees  for 
whom  it  is  the  bargaining  agent.  The  plaintiffs  seek  a  declara- 
tion that  certain  Executive  Orders  promulgated  by  the  Gover- 
nor are  "illegal,  unconstitutional  and  void".  Seven  members  of 
the  house  of  representatives  intervened  in  opposition  to  the 
action. 

The  Trial  Court  (Keller,  C.J.)  found  that:  "No  useful 
purpose  would  appear  to  be  served  by  evidentiary  hearings  in 
this  Court,  since  the  basic  issues  are  of  constitutional  law  and 
of  statutory  interpretation,  and  all  parties  indicate  that  a  final 
determination  by  the  Supreme  Court  is  desirable."  All  ques- 


54  House  Journal,  6Mar74 

tions  of  law  raised  by  the  pleadings  of  the  parties  were  reserved 
and  transferred  to  this  court  without  rulings  by  the  trial  court. 

The  challenged  Executive  Orders  are  as  follows: 

(1)  No.  73-14  promulgated  on  July  10,  1973  Avhich  in  per- 
tinent part  provided:  ".  .  .  [I]t  is  hereby  ordered  and  promul- 
gated that  effective  this  date  no  new  permanent  or  new  tem- 
porary classified  personnel  shall  be  hired  without  the  prior 
approval  of  the  Governor  or  his  designee.  Such  approval  will 
be  given  only  when  the  need  is  clear-cut  and  failure  to  employ 
the  additional  personnel  will  clearly  decrease  our  ability  to 
meet  the  needs  of  the  people  of  our  State.  This  freeze  shall  be 
effective  until  September  10,  1973,  unless  sooner  terminated 
by  the  Governor.  All  requested  positions  shall  be  certified  to 
the  Governor  bv  the  appropriate  department  head. 

"Existing  temporary  employees  who  would  have  normally 
converted  to  permanent  status  under  legislative  enactment  in 
the  1973  session  of  the  General  Court  will  be  allowed  to  be 
extended  only  to  September  10,  1973,  out  of  funds  appropri- 
ated for  their  employment  unless  otherwise  authorized  by  the 
Governor  or  his  desisrnee." 

The  first  part  of  the  above  order  pertaining  to  new  per- 
manent and  new  temporary  classified  personnel  ^vas  extended 
to  April  1,  1974,  by  successive  Executive  Orders.  The  second 
part  relating  to  the  conversion  of  existing  temporary  employees 
to  permanent  status  was  revoked  by  Executive  Order  73-28  (De- 
cember 21,  1973)  which  provided  that  such  employees  were 
authorized  to  be  converted  to  permanent  status  effective  retro- 
actively to  July  1,  1973. 

(2)  No.  73-15  issued  July  16,  1973  which  provided  that  be- 
cause of  the  energy  crisis  and  the  need  to  operate  the  State  gov- 
ernment as  economically  and  as  efficiently  as  possible  a  "ban 
^vas  ordered  ...  on  the  purchase  of  all  automobiles  for  State 
use  until  September  17th  1973.  .  .  .  Exceptions  to  the  ban  may 
be  made  by  the  Governor  upon  written  request  from  an  agency 
head  stating  the  reason  why  an  exception  should  be  made."  On 
December  21,  1973,  (Executive  Order  73-29)  this  order  was 
amended  to  provide:  "No  State  department  or  agency  shall 
purchase  a  new  motor  vehicle  without  the  approval  of  the 
Governor's  Inter-Office  Motor  Vehicle  Committee,"  a  com- 
mittee composed  of  certain  department  heads  and  a  representa- 


House  Journal,  6Mar74  55 

tive  of  the  Executive  office.  The  order  was  to  remain  in  effect 
until  terminated  by  the  Governor. 

(3)  No.  73-16  issued  August  14,  1973  read  in  part  as  fol- 
lows: ".  .  .  [I]t  is  hereby  ordered  and  promulgated  that  effec- 
tive this  date  no  transfers  or  promotions  of  State  employees 
having  a  labor  grade  of  17  or  higher  shall  be  made  between  any 
department,  agency,  board,  or  commission  without  the  prior 
approval  of  the  Governor  .  .  .  All  requested  transfers  or  promo- 
tions shall  be  certified  to  the  Governor  pursuant  to  this  execu- 
tive order  by  the  appropriate  department,  agency  or  commission 
head."  All  of  the  above  orders  were  issued  by  the  Governor 
"by  virtue  of  the  authority  vested  in  me  under  New  Hampshire 
Constitution,  Part  2,  Article  41  as  the  supreme  executive  magi- 
strate of  the  State." 

The  plaintiffs  in  their  several  capacities  have  sufficient 
right  and  interest  in  the  "performance  by  public  officers  of  their 
public  duties"  and  in  "the  preservation  of  an  orderly  and  lawful 
government"  to  entitle  them  to  maintain  these  proceedings. 
N.  H.  &€.  Beverage  Ass'n  v.  Commission  100  N.  H..  5,  6,  116 
A.2d  885,  886  (1955) .  Their  petition  for  declaratory  judgment 
is  a  particularly  appropriate  action  when  the  parties  desire  and 
the  public  need  requires  a  speedy  determination  of  the  impor- 
tant issues  in  controversy.  Chronicle  dfc.  Pub.  Co.  v.  Attorney 
General,  94  N.  H.  148,  150,  48  A.2d  478,  479  (1946)  ;  Austin 
V.  State  Tax  Comm'n,  114  N.  H.   (decided  this  day) . 

Their  solution  involves  an  interpretation  of  our  State  con- 
stitution and  of  statutes  relative  to  the  executive  and  legislative 
branches  of  our  government.  This  is  a  traditional  function  con- 
ferred on  the  judiciary  for  which  it  is  responsible.  It  is  not 
within  the  competence  of  the  other  two  branches  and  conse- 
quently does  not  fall  within  the  bar  against  confiding  political 
questions  to  the  courts.  N.H.  CONST,  pt.  I,  art.  37,  pt.  II,  art. 
72-a  Cloutier  v.  State  Milk  Control  Board,  92  N.H.  199,  201-02, 
28  A.2d  554,  556  (1942)  ;  see  Poxvell  v.  McCormack,  395  U.S. 
486,  23  L.  Ed.  2d  481,  89  S.  Ct.  1944  (1969).  Nor  does  this 
petition  violate  the  doctrine  of  sovereign  immunity  as  it  is  not 
an  action  against  the  State  but  rather  a  proceeding  to  prevent 
the  Governor  from  enforcing  Executive  orders  which  are 
claimed  to  be  beyond  his  powers  to  promulgate.  Conway  v. 
Water  Resources  Board,  89  N.H.  346,  348,  199  A.  83,  86  (1938)  ; 
see  Fortin  v.  Morton,  101  N.H.  477,  147  A.2d  644  (1958) . 


56  House  Journal,  6Mar74 

Even  though  part  of  Executive  Order  No.  73-14  has  been 
revoked  we  hold  that  the  petition  should  not  be  dismissed  for 
mootness  as  we  believe  justice  requires  that  the  matters  in 
issue  be  decided  so  that  all  officials  concerned  "may  know 
where  they  stand."  Sugar  Hill  Improvement  Ass'n  v.  Lisbon, 
104  N.H.  40,  42,  178  A.2d  512,  513-14  (1962) .  The  defense  of 
laches  does  not  prevent  the  maintaining  of  this  petition  as  it 
deals  with  appropriations  separate  and  distinct  from  those  in 
effect  when  inaction  on  the  part  of  the  plaintiffs  is  alleged.  No 
prejudicial  delay  appears  in  regard  to  the  present  appropriations 
and  Executive  Orders  pertaining  thereto. 

The  legislature  exercises  one  of  the  three  "essential  pow- 
ers" of  our  government.  N.H.  CONST,  pt.  I,  art.  37.  The  Gen- 
eral Court  composed  of  the  senate  and  the  house  of  represen- 
tatives is  invested  with  the  "supreme  legislative  power"  within 
this  State.  N.H.  CONST,  pt.  II,  art.  2.  It  has  the  power  to  make 
laws;  to  name  all  civil  officers  (with  exceptions  not  material  in 
this  case)  and  to  define  their  duties  and  powers;  to  assess  taxes 
to  raise  revenue  for  the  operation  of  the  government  of  the 
State  and  to  make  appropriations  for  that  purpose.  Id.  arts.  5, 
18.  No  moneys  are  to  be  issued  out  of  the  treasury  of  the  State 
unless  "there  be  an  appropriation,  or  equivalent  direction  for 
payment,  by  the  Legislature."  State  v.  Kimball,  96  N.H.  377, 
380,  77  A.2d  115,  119   (1950);  RSA  6:10  (Supp.  1973). 

Under  these  powers  the  General  Court  has  created  State 
departments  and  assigned  broad  powers  and  duties  to  the  heads 
of  these  executive  departments.  E.g.,  RSA  ch.  8;  RSA  ch.  8-B; 
RSA  ch.  8-C;  RSA  ch.  12;  RSA  ch.  106-A;  RSA  ch.  126-A.  The 
General  Court  has  also  established  a  "Unified  Personnel  Sys- 
tem For  The  State"  which  provides  for  the  recruitment,  ap- 
pointment, compensation,  promotion,  transfer,  layoff,  removal, 
and  discipline  of  State  employees.  R.  L.  ch.  27-B.  This  system 
has  been  expanded  and  revised  to  meet  changing  conditions. 
RSA  chs,  98,  98-A,  98-B,  98-C,  98-D,  99  (Supp.  1973).  RSA 
98:1  provides  as  follows:  "Neither  the  governor  nor  council 
shall  be  required  to  approve  the  employment,  or  salary,  of  any 
employee  within  the  state  classified  service,  except  as  such  ap- 
proval may  be  specifically  required  by  law." 

The  legislature  has  established  the  procedure  to  be  fol- 
lowed in  establishing  budgets  and  making  appropriations  for 
all  State  departments.  RSA  ch.  9.  Unlike  any  previous  budget, 


House  Journal,  6Mar74  57 

those  for  fiscal  years  1974  and  1975  with  which  we  are  concerned 
in  these  proceedings  were  prepared  in  a  "program  appropria- 
tion unit  format"  (PAU)  as  required  by  RSA  9:8-a  (Supp. 
1973)  .  This  method  requires  the  submission  by  the  depart- 
ments of  new  information  such  as  "program  descriptions  of  ac- 
tivities, workload,  output,  and  improved  financial  data,"  Bud- 
get Manual,  Fiscal  Years  1974-1975,  p.  1.  The  department  ad- 
ministrators must  submit  to  the  Governor  and  to  the  legisla- 
tive appropriations  committees  PAU  forms  showing  how  they 
intend  to  spend  the  funds  requested  whether  for  existing  pro- 
grams, their  expansion,  new  programs,  additional  personnel, 
new  automobiles,  supplies,  travel  and  other  specified  items. 
In  the  case  of  a  request  for  new  positions,  the  PAU  form  must 
show  why  they  are  needed,  what  they  will  accomplish,  when 
the  hirings  will  take  place,  and  the  classification  and  salary  of 
the  employees. 

This  new  approach  called  for  legislative  judgments  re- 
garding the  scope  and  value  of  individual  budget  requests.  The 
records  of  the  legislative  committee  hearings  both  in  the  house 
and  then  in  the  senate  reveal  searching  inquiries  into  the  de- 
tails of  the  spending  items  sought  by  the  various  departments. 
The  appropriations  committees  were  thus  in  a  position  to  make 
a  legislative  determination  whether  or  not  a  program  should  be 
inaugurated,  continued,  expanded,  or  discontinued,  or  a  con- 
trary judgment.  Appropriations  for  the  programs  and  their  cost 
in  personnel,  equipment,  travel  and  other  expenses,  some  of 
which  were  later  the  subject  of  the  Executive  Orders  in  ques- 
tion, were  incorporated  in  House  bill  888.  This  bill  was  con- 
sidered by  the  body  of  the  house  and  adopted,  sent  to  the  sen- 
ate and  amended,  sent  to  a  conference  committee  of  the  two 
bodies,  adopted  by  both,  and  approved  by  the  Governor  as 
Laws  1973,  ch.  376. 

The  role  of  the  General  Court  in  regard  to  these  appropri- 
ations is  not  then  at  an  end.  RSA  9:13-27  (Supp.  1973)  provide 
means  by  which  the  expenditure  of  these  appropriations  can  be 
monitored  by  that  body  through  designated  agencies  and  officers. 
The  appropriations  are  to  be  made  available  for  expenditure 
by  each  department  on  July  1,  1973.  §10.  "No  State  official,  com- 
missioner, trustee,  or  other  person  having  control  of  public 
funds  appropriated  by  the  general  court  shall  use  any  part  of 
such  funds  for  any  other  purpose  than  that  for  which  they  were 


58  House  Journal,  6Mar74 

appropriated,  or  expend  any  money  ...  in  excess  of  the  amount 
voted  by  the  legislature."  §19.  A  fiscal  committee  of  the  legisla- 
ture and  the  office  of  legislative  budget  assistant  have  been 
established  to  supervise  fiscal  matters  during  the  legislative 
session  and  the  interim  between  sessions.  RSA  14:30,  30-a, 
They  can  conduct  post-audits  of  department  accounts  and  un- 
dertake research  and  investigation  and  make  analyses  in  regard 
to  financial  matters.  RSA  14:31.  It  is  clear  from  the  foregoing 
that  the  power  of  the  General  Court  to  make  appropriations 
for  State  departments  and  to  monitor  their  expenditure  is  an 
established  legislative  function  under  the  constitution  and  stat- 
utes. 

Prior  to  its  amendment  in  1966,  article  41  of  the  State 
constitution  which  relates  to  executive  powers  of  the  Governor 
reads  as  follows:  "There  shall  be  a  supreme  executive  magistrate 
who  shall  be  styled  the  Governor  of  the  State  of  New  Hamp- 
shire, and  whose  title  shall  be  His  Excellency."  The  1966  amend- 
ment added  in  pertinent  part  the  following:  "The  executive 
power  of  the  state  is  vested  in  the  governor.  The  governor  shall 
be  responsible  for  the  faithful  execution  of  the  laws.  He  may, 
by  appropriate  court  action  or  proceeding  brought  in  the  name 
of  the  state,  enforce  compliance  with  any  constitutional  or 
legislative  mandate,  or  restrain  violation  of  any  constitutional  or 
legislative  power,  duty,  or  right,  by  any  officer,  department  or 
agency  of  the  state." 

This  amendment  was  proposed  and  adopted  for  submis- 
sion to  the  voters  by  a  constitutional  convention  held  in  1964. 
The  journal  recording  those  proceedings  is  illuminating  on 
whether  it  was  intended  to  endow  the  Governor  with  the  pow- 
er and  duty  to  interpose  himself  in  the  expenditure  of  the  leg- 
islative appropriations  by  the  departments  of  the  State.  As  orig- 
inally proposed  to  the  convention  the  amendment  would 
have  contained  the  following  sentence:  "Each  principal  execu- 
tive department  shall  be  under  the  supervision  of  the  Gover- 
nor." A  motion  to  strike  out  tliis  sentence  was  made  and  in  the 
debate  which  followed  the  sponsor  of  the  motion  argued  that 
if  the  sentence  stayed  in  "the  Governor  will  have  the  power  to 
tell  us  [department  heads]  ^vho  to  hire  and  who  to  fire.  You 
cannot  run  a  department  on  that  basis."  N.H.J,  of  Const.  Conv. 
289  ('1964) .  Another  delegate  stated  "it  was  not  the  intent  of 
the  Committee  in  any  way  whatsoever  to  give  the  governor 


House  Journal,  6Mar74  59 

authority  to  set  policy  or  to  interfere  in  any  way  with  those 
commissioners  who  are  properly  doing  their  job."  Id.  at  290. 
The  amendment  proposed  was  approved,  the  sentence  in  ques- 
tion was  stricken  and  the  amended  resolution  was  approved  by 
the  convention  and  later  adopted  by  the  voters  in  its  present 
form.  Id.  at  292.  This  legislative  history  leads  to  the  conclusion 
that  the  Executive  Orders  in  question  were  not  authorized  by 
article  41,  part  II  of  our  constitution  as  they  have  the  effect 
which  the  framers  of  the  amendment  expressly  rejected.  The 
language  of  pt.  II,  art.  41  as  amended  states  clearly  when  and 
how  the  Governor  can  exercise  the  powers  it  granted  and  there 
is  no  claim  that  the  Executive  Orders  were  occasioned  by  any 
failure  in  "the  faithful  execution  of  the  laws". 

Insofar  as  these  Executive  Orders  purport  to  prevent  the 
expenditure  of  appropriations  made  for  the  hiring  of  new  per- 
sonnel or  the  purchase  of  automobiles  they  would  have  the 
effect  of  a  line  item  veto.  A  resolution  proposing  a  constitu- 
tional amendment  authorizing  the  Governor  "to  strike  out  or 
reduce  items  in  an  appropriation"  while  approving  others 
failed  to  be  adopted  by  the  convention.  N.H.J.  Const.  Conv. 
105  (1964).  If  such  power  were  to  be  given  to  the  Governor 
his  veto  could  be  overruled  by  the  legislature  in  the  usual 
manner.  If  constitutionally  authorized  these  Executive  Orders 
would  have  a  more  drastic  effect  than  a  line  item  veto  because 
there  is  no  established  means  by  which  the  legislature  could 
nullify  them. 

Prior  to  1957,  R.L.  23:10  and  11  provided  that  appropria- 
tions should  not  be  available  for  expenditure  by  any  depart- 
ment until  quarterly  allotments  had  been  approved  by  the 
Governor.  The  General  Court,  however,  removed  this  power 
from  the  Governor  in  1957  (Laws  1957,  112:1)  and  made  the 
appropriations  available  on  July  1,  to  be  expended  over  the 
fiscal  year  as  the  department  heads  deemed  necessary  for  the 
proper  operation  of  their  departments.  RSA  9:10. 

The  legislature  has  authorized  the  intervention  of  the 
Governor  in  the  process  of  the  expenditure  of  appropriations 
by  the  State  departments  in  limited  specific  instances.  RSA  9:11 
provides  that  if  a  monthly  report  of  the  director  of  the  division 
of  accounts  indicates  that  a  department  is  spending  at  a  rate 
which  will  deplete  its  appropriation  before  the  end  of  the 
fiscal  year  a  report  is  to  be  made  to  the  Governor  who  may  after 


60  House  Journal,  6Mar74 

investigation  order  the  department  head  to  reduce  expendi- 
tures. It  is  not  sought  to  sustain  these  Executive  Orders  under 
this  provision.  RSA  9:12  which  gives  the  Governor  the  author- 
ity to  investigate  the  management  of  State  funds  by  depart- 
ments and  "within  the  scope  of  the  powers  possessed  by  him" 
to  order  action  to  bring  about  increased  economy  and  efficiency 
cannot  be  interpreted  to  confer  additional  powers  beyond  those 
already  possessed  under  other  grants  of  authority. 

RSA  9:13-c  provides  that  if  the  director  of  accounts  should 
determine  that  during  three  consecutive  months  there  has  oc- 
curred such  a  decline  in  State  revenues  as  would,  if  continued, 
cause  a  serious  deficit  in  the  total  budget,  he  is  to  report  this 
fact  to  the  Governor.  "On  receipt  of  such  report  the  governor 
may,  with  the  advice  and  consent  of  the  advisory  budget  control 
committee,  order  reductions  in  rates  of  expenditures  within 
all  or  any  departments  of  state  government,  so  that  such  decline 
in  revenue  will  not  result  in  the  incurrence  of  further  state 
debt."  There  is  no  claim  of  reliance  on  this  authority. 

We  find  no  constitutional  or  statutory  authority  granted 
to  the  Governor  to  support  the  Executive  Orders  in  question 
since  they  contravene  the  legislative  intent  expressed  by  the 
appropriations  made  by  Laws  1973,  ch.  376  for  the  hiring  of 
new  personnel  and  the  purchase  of  automobiles.  We  hold  them 
invalid.  Insofar  as  the  Executive  Orders  relate  to  the  classified 
personnel  of  the  State  they  contravene  the  powers  of  the  legisla- 
ture granted  by  the  constitution  and  exercised  by  enactments 
in  chapters  98,  98-A,  98-B,  98-C,  98-D  and  99  of  the  Revised 
Statutes  Annotated.  We  hold  that  the  Executive  Orders  relating 
thereto  are  beyond  the  powers  of  the  Governor  and  are  invalid. 

Although  plaintiffs'  petition  seeks  an  order  enjoining  the 
Governor  from  enforcing  these  Executive  Orders,  we  do  not 
recommend  or  issue  such  an  injunction.  See  Tirrell  v.  Johnston, 
86  N.H.  530,  532,  171  A.  641,  642  (1934) . 

Petition  for  declaratory  judgment  granted. 
All  concurred. 

COMMITTEE  REPORTS 

HB  12 

conforming  tax  commission  references  in  the  current  use 
taxation  law  to  the  revised  revenue  administration  laws.  Ought 


House  Journal,  6Mar74  61 

to  pass.  Rep.  Shea  for  Executive  Departments  and  Administra- 
tion. 

A  housekeeping  bill  dovetailing  the  current  use  bill  (HB 
307)  with  the  Revenue  Administration  bill  (HB  818) 
both  passed  last  session. 

Ordered  to  third  reading. 

HB  25 

changing  the  reporting  date  for  the  study  commission  on 
the  problems  of  unemployed  citizens  in  New  Hampshire.  Ought 
to  pass.  Rep.  Shea  for  Executive  Departments  and  Administra- 
tion. 

Continues  study  commission  to  report  January  1,  1975. 
Ordered  to  third  reading. 

HB  14 

revising  the  management-employee  relations  law  for  state 
employment.  Refer  to  Interim  Study  Committee  on  "Collective 
Bargaining." 

Bill  referred  to  interim  study  committee  on  "Collective 
Bargaining."  Rep.  Simard  for  Labor,  Human  Resources 
and  Rehabilitation. 

Referred  to  Interim  Study  Committee  on  "Collective  Bar- 
gaining." 

HB  13 

repealing  the  termination  date  of  RSA  357-B.  Ought  to 
pass.  Rep.  Hamel  for  Transportation. 

Removes  the  expiration  date  of  June  30,  1975  from  the 
so-called  "Auto  Dealers  Bill  of  Rights"  law  which  we 
passed  at  the  end  of  the  1973  session. 

At  the  request  of  Rep.  Chandler,  Rep.  Hamel  explained 
the  bill. 

Ordered  to  third  reading. 

HB  26 

relative  to  guaranteeing  a  minimum  adequate  income  for 
the  elderly,  blind  and  disabled,  and  making  an  appropriation 
therefor.  Refer  to  a  Joint  Study  Committee  on  Labor,  Human 
Resources  and  Rehabilitation  and  Public  Health  and  Welfare 


62  House  Journal,  6Mar74 

comprising  three  members  from  each  committee  to  report  by 
January,  1975.  Rep.  Elliott  A.  Stevens  for  Labor,  Human  Re- 
sources and  Rehabilitation. 

Poorly  prepared  legislation.  Purpose  good  —  should  not 
be  forgotten  —  Operational  mechanics  must  be  drawn. 

Referred  to  a  Joint  Study  Committee  on  Labor,  Human 
Resources  and  Rehabilitation  and  Public  Health  and  Welfare 
comprising  three  members  from  each  committee  to  report  by 
January,  1975. 

HB  29 

relative  to  tuition  payments  for  the  definitions  of  handi- 
capped persons  under  the  age  of  twenty-one  and  amending  the 
appropriation  for  same  and  educational  expenses  in  public  in- 
stitutions. Ought  to  pass  with  amendment.  Rep.  Drake  for  Ap- 
propriations. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 

AN  ACT 

relative  to  tuition  payments  for  handicapped  children; 

amending  the  appropriation  for  same;  defining  a  handicapped 

child  as  a  person  up  to  the  age  of  twenty-one;  and  providing 

for  educational  and  other  expenses  in  public  institutions. 

Amend  the  bill  by  striking  out  all  after  section  5  of  same 
and  inserting  in  place  thereof  the  following: 

6  Miscellaneous  Expenses  of  Inmates  and  Patients.  Amend 
RSA  8:44,  I,  as  amended,  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following: 

I.  The  director  of  mental  health  shall  determine  for  any 
patient  or  inmate  of  the  New  Hampshire  Hospital  a  uniform 
monthly  rate  to  cover  the  expenses  of  the  several  categories  of 
service  provided  to  patients  or  inmates  such  as,  but  not  neces- 
sarily limited  to  the  following:  intensive  medical  care,  treatment 
and  maintenance;  intensive  psychiatric  care,  treatment  and 
maintenance;  and  custodial  care,  treatment  and  maintenance. 
The  categories  or  classifications  of  service  provided  may  be 


House  Journal,  6Mar74  63 

modified  from  time  to  time  as  determined  by  the  director  of 
mental  health. 

7  Effective  Date. 

I.  Sections  1,  2,  3  and  4  of  this  act  shall  take  effect  upon 
passage. 

II.  Sections  5  and  6  of  this  act  shall  take  effect  July  1,  1974. 
Amendment  adopted. 

Ordered  to  third  reading. 

HB  2 

making  appropriations  for  capital  improvements.  Ought 
to  pass  with  amendment.  Rep.  Arthur  F.  Mann  for  Public 
Works. 

No  analysis  on  this  bill. 

AMENDMENT 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Appropriation.  The  sums  hereinafter  detailed  in  this 
section  are  hereby  appropriated  for  the  projects  specified  to 
the  departments,  agencies  and  branches  named: 

I.  Adjutant  General 

Concrete  floor  —  Manchester  Armory  $50,000 

II.  Administration  and  Control 

(a)  Restore  and  refurbish  legis- 
lative chambers  and  3rd 

floor  of  state  house  $160,000* 

(b)  Refurbish  exterior  of  state  house  80,000 

(c)  Renovate  first  floor  toilets  30,000 

(d)  Clean  and  paint  exterior-state  library  50,000 

(e)  Renovations  to  Purchase  and 

Property  Warehouse  68,000 


Total  Paragraph  II  388,000 

*The  projects  for  which  these  appropriations  are  made  shall,  notwith- 
standing any  statutes  to  the  contrary,  be  under  the  complete  and  sole 
control  of  the  Speaker  of  the  House  and  President  of  the  Senate  jointly. 
No  part  of  this  appropriation  shall  be  expended  for  the  Senate  Chamber 
proper. 


64  House  Journal,  6Mar74 


III.  Aeronautics  Commission 
(a)  Nashua  —  Land  for  ILS 
Less  Federal 

$240,000 
180,000 

Net  Appropriation 
(b)   Lebanon  —  Taxiway 
Less  Federal 

$112,000 
84,000 

60,000 

Net  Appropriation 

28,000 

Total  Paragraph  III  88,000 

IV.  Education  —  New  Hampshire  Voca- 
tional-Technical Colleges 

(a)  Nashua 

Automotive  building  —  Design, 
engineering,  and  working  draw- 
ings to  be  ready  for  1975 
Legislative  Session  $45,000 

(b)  Claremont 

Allied  health  science  building  — 
Design,  engineering,  and  work- 
ing drawings  to  be  ready  for 
1975  Legislative  Session  75,000 

(c)  Laconia 

New  equipment-graphic  arts 

presses  and  flame  progation 

chamber  89,900 

(d)  Berlin 

Automotive  shop  addition  143,000 

(e)  Manchester 

Library  extension  225,000 


Total  Paragraph  IV  577,900 


V.  Health  &  Welfare 

(a)  Office  building  —  phase  II  — 

Design,  engineering,  and  work- 

ing drawings  to  be  ready  for 

1975  Legislative  Session 

$655,000 

(b)  N.  H.  Home  for  the  Elderly 

(Glencliff)  —  Laundry 

83,600 

(c)  N.  H.  Hospital 

(1)  Reline  fuel  oil  tanks 

$18,000 

(2)  Equipment  for  main 

building  kitchen 

25,000 

(3)  Plumbing,  renovation, 

etc.  in  south  side 

main  building 

69.000 

(4)  Plumbing,  renovation, 

etc.  in  north  side 

main  building 

86.000 

House  Journal,  6Mar74 


65 


(5)  Dolloff  building  —  reno- 
vate to  life  safety  code,  etc. 

(6)  Reconstruction  and  reno- 
vation of  Tobey,  Thayer, 
Brown,  and  Walker  buildings  — 

A.  Design  and  engineer- 
ing all  four  buildings 

B.  Reconstruction  and 
renovation  of  Tobey 
building  complete: 


80,500 


328,000 


Construction 

823,400 

Contingencies 

123,500 

Equipment 

40,000 

Total  Subparagraph  (c) 

1,593,400 

(d)  Laconia  State  School  and 

Training  Center 

(1)  Laundry  equipment 

$55,000 

(2)  Dairy  barn  conversion 

30,000 

(3)  Sewer  line  connection 

15,000 

(4)  Renovate  electrical 

entrance  and  outside 

wiring  phase  I 

132,000 

Total  Subparagraph  (d) 

232,000 

Total  Paragraph  V 

VI.  New  Hampshire  Youth  Development 
Center  —  one  residential  center 

to  be  constructed  within  the 
city  of  Manchester 
Spaulding  Cottage  renovation 
Total  Paragraph  VI 

VII.  Liquor  Commission 

Addition  to  Portsmouth  store  No.  38 

VIII.  Department  of  Resources  and 
Economic  Development 

(a)  Relocation  and  reconstruc- 
tion of  forestry  nursery 
administration  building, 
laboratory,  Bear  Brook  central 
warehouse,  and  shop  area. 

(b)  Division  of  Resources  Development 
(1)  Land  Acquisition 

A.  Bear  Brook  —  Inholdings 
200  acres,  more  or  less 

B.  Bear  Brook  —  Additional 
land,  700  acres,  more  or  less 

Total  subparagraph  (b) 


2,564,000 


125,000 

55,000 

180.000 

345,000 


$65,000 


40,000 
140,000 


180,000 


66 


House  Journal,  6Mar74 


(c)  Division  of  Parks 

(1)  Land  acquisition 

Trail  acquisition,  ease- 

ments, rights  of  way,  etc 

(AMC  Trails) 

80,000 

(2)  Engineering  and  construction 

A.  Bear  Brook  —  new  water 

supply 

49,000 

B.  Franconia  —  phase  II 

snowmaking,  novice  slope 

development 

95,000 

C.  Greenfield  —  construct 

shower  building  and  ex- 

pand parking  and  picnick- 

ing area 

56,000 

D.  Odiorne  Point  —  site 

improvement  at  Frost  Point 

25,000 

E.  Pawtuckaway  —  sewage 

dumping  station  and 

beach  expansion 

40,000 

Total  Subparagraph  (c)  (2) 

$265,000 

Less  federal  assistance 

61,480 

(d)  Capital  projects  —  utility 
construction  —  5  year  bonds 
(1)  Franconia  Notch  State 
Park  —  tram  overhaul 
Total  Paragraph  VIII 

IX.  Department  of  Safety 

(a)  Office  building 

Plans  and  engineering  only 
including  parking  layout 
and  drawings 

(b)  Safety  services 

Boat  house  —  rebuild  and 
expand 

(c)  State  police 
Renovate  radio  station 
and  building 

Total  Paragraph  IX 

X.  Veteran's  Home 
Nursing  care  unit 
Less  federal  funds 

Net  state  appropriations  Paragraph  X 

XI.  State  Prison 
Improvements  and  repairs  as 
follows:  replacing  windows 


$180,000 


203,520 


708,520 

$250,000 

35,000 

8,000 
293,000 

$2,337,500 
1,519,375 

818,125 


House  Journal,  6Mar74  67 

(main  cell  block),  renovate 
heating  (main  cell  block),  new 
roofs  on  hospital  and  old  boiler 
rooms,  No.  1  boiler  conversion  burn- 
er, toilets  for  annex,  renovate 
annex,  maximum  security  cells  in 
old  hospital  area  275,900 

XII.  Water  Resources  Board  —  Repairs, 
reconstruction  and  rebuilding 

of  dams. 

(a)  Union  Meadows  $43,320 

(b)  Kingswood  Lake  53,420 

(c)  Glen  Lake  151,620 

(d)  Howe  Reservoir  29,640 

(e)  Winnisquam  Lake  114,000 

Total  Paragraph  XII  392,000 

XIII.  Water  Supply  and  Pollution 
Control  Commission 
Regional  waste  treatment  plant 

Winnipesaukee  River  Basin  $20,086,000 

Less  federal  funds  15,064,500 

Less  local  funds  1,004,300 


Net  state  appropriation  Paragraph  XIII  4,017,200 

XIV.  Public  Works  and  Highway, 
Department  of 

Constractual  maintenance  projects: 
5  year  bonds 
New  Hampshire  Hospital 
Concord,  N.  H. 

(a)  Overhauling  elevators  $40,000 

(b)  Reinsulate  warehouse  freezer  12,000 


Total  Paragraph  XIV  52,000 

Total  state  appropriation  Section  1  $10,749,645 

2  Appropriation,  University  of  New  Hampshire.  The  sums 
hereinafter  detailed  in  this  section  are  hereby  appropriated  for 
the  projects  specified,  including  but  not  limited  to  the  pur- 
chasing, constructing,  furnishing  and  equipping  thereof,  to  the 
trustees  of  the  University  of  New  Hampshire  system: 

I.  Merrimack  Valley  Branch 

(a)  Development  of  outside 

utilities  $3,750,000 

(b)  Construction  of  first 

building  1,668,000 


68  House  Journal,  6Mar74 

(c)  Design  and  working  drawings 

of  second  building  175,000 


Total  Paragraph  I 

$5,593,000 

II.  Keene  Campus 

Renovation  of  former  Elliot 

Hospital 

700,000' 

III.  Plymouth  Campus 

New  academic  buildings  complete 

4,000,000 

IV.  Durham  Campus 

Complete  renovation  of  James, 

Morrill,  Murkland,  and  Kingsbury 

Halls  to  conform  with  N.  H.  Life 

Safety  Code 

486,000' 

V.  All  Campuses 

Phase  I  of  installation  of  fire 

detection  systems  in  various 

buildings  to  comply  with  N.  H. 

Life  Safety  Code  82,000* 

VI.  Snively  Arena  —  Fire  doors,  safety 
lights  and  devices  to  meet  Life 

Safety  Code  18,000 


Total  state  appropriation  Section  2  $10,879,000 

*  These  funds  shall  not  be  transferred  or  used  for  any  other 
purposes  and  is  the  total  amount  to  be  appropriated  and/or 
expended  for  all  renovation  or  conversion  of  the  Elliott  prop- 
erty to  university  use. 

**These  funds  shall  not  be  transferred  or  used  for  any 
other  purposes. 

3  Appropriation;  Self-Liquidating.  The  sum  of  two  million 
one  hundred  eighty-three  thousand  dollars  is  hereby  appropri- 
ated for  the  purpose  of  constructing,  furnishing,  and  equipping 
housing  and  dining  facilities  and  utilities  at  the  University  of 
New  Hampshire  as  follows: 

Durham  campus 

Dormitory  2,183,000 


Total  section  3  2,183,000 

4  Expenditures,  General.  The  appropriation  made  for  the 
purposes  mentioned  in  sections  1  and  13,  and  the  sums  avail- 
able for  those  projects,  shall  be  expended  by  the  trustees,  com- 


House  Journal,  6Mar74  69 

mission,  commissioner,  or  department  head  of  the  institutions 
and  department  referred  to  herein,  provided  that  all  contracts 
for  projects  and  plans  and  specifications  therefor,  shall  be 
awarded  in  accordance  with  the  provisions  of  RSA  228. 

5  Expenditures,  University  of  New  Hampshire, 

I.  The  appropriations  made  for  the  purposes  mentioned 
in  sections  2  and  3  and  the  sums  available  for  these  projects 
shall  be  expended  by  the  trustees  of  the  University  of  New 
Hampshire.  All  contracts  for  the  construction  of  all  or  any  part 
of  said  building  or  facilities  shall  be  let  only  after  competitive 
sealed  bids  have  been  received  and  only  after  an  advertisement 
calling  for  such  bids  has  been  published  at  least  once  in  each 
of  two  successive  calendar  weeks  in  a  newspaper  of  general  cir- 
culation in  New  Hampshire  or  in  a  trade  journal  known  to  be 
circulated  among  the  contractors  from  whom  bids  will  be 
sought  with  the  state  of  New  Hampshire  or  elsewhere  in  the 
area.  The  first  publication  of  such  advertisement  shall  be  not 
less  than  thirty  days  prior  to  the  date  the  bids  will  be  received. 
All  conditions  considered,  wherever  possible,  it  is  recommended 
that  the  services  of  New  Hampshire  architectural  and  construc- 
tion firms  be  considered  within  the  discretion  of  the  trustees. 

n.  Availability  of  Appropriation.  The  appropriations  made 
in  sections  2  and  3  are  available  for  all  costs  incidental  to  the 
erection,  furnishing,  and  equipping  of  these  facilities  including 
the  necessary  extension  of  utilities  and  includes  the  cost  of  the 
services  of  architects,  ens^ineers,  and  other  consultants  of  such 
kind  and  capacity  as  the  university  board  of  trustees  may,  in  its 
discretion,  wish  to  employ  on  such  terms  and  conditions  as  the 
board  determines,  and  include  the  cost  of  furnishing  and  equip- 
ping the  facilities  with  moveable  equipment  and  furnishings 
not  affixed  to  the  buildings,  and  which  are  not  listed  in  the 
specifications  approved  for  implementation  of  the  construction 
plans.  These  monies  shall  be  spent  under  the  direction  of  the 
university  board  of  trustes. 

III.  Rejection  of  Low  Bids.  If,  in  the  judgment  of  the 
trustees  of  the  university,  just  cause  exists  indicating  the  lowest 
bid  should  be  rejected,  then  the  contract  may  be  awarded  to  the 
next  lowest  bidder,  or  if  the  next  lowest  bid  should  be  rejected, 
the  contract  may  be  awarded  to  the  third  lowest  bidder. 

IV.  Rejection  of  Ajl  Bids.  The  board  of  trustees  of  the 


70  House  Journal,  6Mar74 

university  has  the  right  to  reject  any  and  all  bids  and,  if  the 
lowest  bid  is  in  excess  of  the  appropriation,  the  board  has  the 
right  to  negotiate  with  the  low  bidder  or  with  the  three  lowest 
bidders  for  a  contract  for  the  construction  upon  terms  considered 
most  advantageous  to  the  university.  If  only  one  bid  is  received, 
the  board  of  trustees  may  negotiate  a  contract  for  the  construc- 
tion on  terms  considered  most  advantageous  to  the  university 
and  to  the  state.  Any  authorization  contained  in  this  act  which 
is  a  variance  with  the  requirements  of  applicable  federal  law 
and  regulations  shall  be  controlled  by  the  terms  of  the  federal 
law  and  regulations. 

6  Land  Acquisition.  Any  land  acquired  under  the  appro- 
priations made  in  sections  1  and  13,  except  such  land,  if  any, 
as  may  be  acquired  under  the  appropriation  for  water  resources 
board,  shall  be  purchased  by  the  commissioner  of  public  works 
and  highways,  with  the  approval  of  governor  and  council. 

7  Bonds  Authorized.  To  provide  funds  for  the  total  of  the 
appropriations  of  state  funds  made  in  sections  1,  2  and  3  of  this 
act,  the  state  treasurer  is  hereby  authorized  to  borrow  upon  the 
credit  of  the  state  not  exceeding  the  sum  of  twenty-three  million 
eight  hundred  eleven  thousand  six  hundred  forty-five  dollars 
and  for  said  purpose  may  issue  bonds  and  notes  in  the  name  and 
on  behalf  of  the  state  of  New  Hampshire  in  accordance  with  the 
provisions  of  RSA  6-A;  provided,  however,  that  the  bonds  issued 
for  the  purposes  of  section  1,  subparagraph  VHI  (d)  and  para- 
graph XIV  of  this  act,  shall  have  a  maturity  date  of  five  years 
from  date  of  issue,  and  provided  further  that  the  bonds  issued 
for  the  purposes  of  section  3  of  this  act  shall  have  a  maturity 
date  of  thirty  years  from  the  date  of  issue. 

8  Payments.  The  payment  of  principal  and  interest  on 
bonds  and  notes  issued  for  the  projects  in  sections  1,  2,  3  and 
13  shall  be  made  when  due  from  the  general  funds  of  the  state. 

9  Liquidation.  The  state  treasurer  is  authorized  to  deduct 
from  the  fund  accruing  to  the  university  under  RSA  187:24,  or 
appropriation  in  lieu  thereof,  for  each  fiscal  year  such  sums  as 
may  be  necessary  to  meet  interest  and  principal  payments  in 
accordance  with  the  terms  and  conditions  of  the  bonds  or  notes 
issued  for  the  purposes  of  section  2  and  3  hereof. 

10  Powers  of  Governor  and  Council.  The  .a:overnor  and 
council  are  hereby  authorized  and  empowered: 


&^ 


House  Journal,  6Mar74  7 1 

I.  To  cooperate  with  and  enter  into  such  agreements  with 
the  federal  government  or  any  agency  thereof,  as  they  may  deem 
advisable,  to  secure  federal  funds  for  the  purposes  hereof. 

II.  To  accept  any  federal  funds  which  are,  or  become  avail- 
able for  any  project  under  sections  1  and  13  beyond  the  esti- 
mated amounts.  The  net  appropriation  of  state  funds  for  any 
project  for  which  such  additional  federal  funds  are  accepted 
shall  be  reduced  by  the  amount  of  such  additional  funds,  and 
the  amount  of  bonding  authorized  by  sections  7  or  14,  which- 
ever is  applicable,  shall  be  reduced  by  the  same  amount. 

11  Transfers.  The  individual  project  appropriations,  as 
provided  in  sections  1,  2,  3  and  13  shall  not  be  transferred  or 
expended  for  any  other  purposes;  provided,  however,  that  the 
governor  and  council  may  transfer  any  balance  estimated  to  be 
available  upon  completion  of  an  individual  project  to  other 
projects  within  the  same  section. 

12  Reduction  of  Appropriations  and  Bonding  Authority. 
If  the  net  appropriation  of  state  funds  for  any  project  provided 
for  by  sections  1,  2,  3  and  13  is  determined  on  the  basis  of  an 
estimate  of  anticipated  federal,  local  or  other  funds,  and  if  the 
amount  of  such  funds  actually  received  or  available  is  less  than 
said  estimate,  then  the  total  authorized  cost  for  such  project  and 
the  net  appropriation  of  state  funds  therefor  each  shall  be  re- 
duced by  the  same  proportion  as  the  proportion  by  which  fed- 
eral, local  or  other  funds  are  reduced.  The  amount  of  bonding 
authorized  by  sections  7  or  14,  whichever  is  applicable,  shall  be 
reduced  by  the  amount  that  the  appropriation  of  state  funds 
is  reduced  pursuant  to  this  section. 

13  Water  Resources  Board  Appropriation.  The  sums  here- 
inafter detailed  in  this  section  are  hereby  appropriated  for  the 
projects  specified,  for  capital  improvements  and  long-term  re- 
pairs thereto,  to  the  water  resources  board: 

I.  Baker  River  Watershed  Project 

Sites  6-A,  7,  and  11-A  $2,850,350 

Less  federal  funds  2,158,575 

Less  other  funds  81,000 


Net  state  appropriation  paragraph  I  $610,775 

II.  Cold  River  Watershed  Project 
Site  6   (jointly  with  state  of  Me.)  345,700 


72  House  Journal,  6Mar74 

Less  other  funds  34,000 

Less  federal  funds  296,000 


Net  state  appropriation  paragraph  II  15,700 

III.  Souhegan  River  Watershed  —  Site  No.  33  2,500 


Total  state  appropriation  section  13  $628,975 


14  Bonds  Authorized.  To  provide  funds  for  the  total  of 
the  appropriations  made  of  state  funds  in  section  13  of  this  act, 
the  state  treasurer  is  hereby  authorized  to  borrow  upon  the 
credit  of  the  state  not  exceeding  the  sum  of  six  hundred  twenty- 
eight  thousand  nine  hundred  seventy-five  dollars  and  for  said 
purposes  may  issue  bonds  and  notes  in  the  name  and  on  behalf 
of  the  state  of  New  Hampshire  in  accordance  with  the  provi- 
sions of  RSA  6-A. 

15  Appropriation  Extension.  The  appropriation  made  to 
the  water  resources  board  by  1971,  559,  X,  for  the  specified 
capital  expenditures  shall  be  available  for  expenditure  until 
July  1,  1977. 

16  Certain  Parks  Appropriations  of  1971  Extended.  The 
following  appropriations  to  the  division  of  parks,  for  the  speci- 
fied capital  improvements,  shall  be  available  for  expenditure 
until  July  1,  1976: 

I.  1971,  559:1,  VII,  (1),  (a),  (i) ,  Franconia  Notch  State 
Park,  tramway  cable. 

II.  1971,  559:1,  VII,  (1),  (b) ,  Berlin  wayside  and  recrea- 
tion area. 

III.  1971,  559:1,  VII,  (1),  (g) ,  dredging  and  improve- 
ments of  Hampton  Harbor. 

17  Appropriation  for  Hooksett  Liquor  Store  Extended. 
Amend  1972,  42  by  inserting  after  section  4  the  following  new 
section: 

42:4-a  Appropriation  Extended.  Notwithstanding  any 
other  statute  to  the  contrary  the  appropriation  made  by  this 
act  shall  be  available  for  expenditure  up  to  July  1,  1976. 

18  Aeronautics  Commission.  Amend  the  footnote  in  Laws 
of  1969,  504:1,  III,  as  amended  by  Laws  of  1972,  63:3,  by  add- 


House  Journal,  6Mar74  73 

ing  to  the  footnote  the  following  new  paragraph  (The  pro- 
visions within  this  footnote  which  appear  prior  to  this  inser- 
tion shall  not  apply  to  paragraphs  III,  (b)  and  (d) ,  but  said 
appropriations  shall  be  matched  with  any  applicable  federal 
funds  and  shall,  notwithstanding  the  provisions  of  RSA  9:18, 
not  lapse  until  June  30,  1974.) 

19  Angle  Pond  Appropriation  Increased.  Amend  Laws  of 
1969,  489:3,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

489:3  Expenditure  Authorized.  The  water  resources  board 
is  hereby  authorized  to  expend  a  sum  of  money  not  to  exceed 
thirty  thousand  dollars  for  use  in  acquiring,  repairing  and 
maintaining  the  dam  on  North  River  Pond  in  the  town  of 
Nottingham  and  the  dam  at  the  outlet  of  Angle  Pond  in  the 
town  of  Sandown  which  shall  be  a  charge  against  the  fund 
established  in  RSA  270:5,  VII. 

20  Pisgah  Road  Appropriation  Reduced  and  Extended. 
Amend  Laws  of  1971,  559:1,  VII,  (1) ,  (e) ,  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following: 

(e)    Pisgah  Road  Improvements  $102,500 

Less  federal  funds  40,000 


Total  $62,500* 

*Within  this  appropriation  the  sum  of  $22,500  provides 
for  nonfederal  BOR  participation  projects.  This  appropriation 
shall  not  lapse  until  June  30,  1976. 

21  Reducing  the  Appropriation  for  the  Soldiers'  Home. 
Amend  Laws  of  1971,  559:1,  VIII,  by  striking  out  said  para- 
graph and  inserting  in  place  thereof  the  following: 

VIII.  Soldiers'  Home 

Engineering  services  —  renovations  2,000 

22  Reducing  the  1971  Capital  Budget  Bonding.  Amend 
Laws  of  1971,  559:8,  as  amended,  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

559:8  Bonds  Authorized.  To  provide  funds  for  the  appro- 
priations made  in  sections  1,  2,  3  and  16  of  this  act,  the  state 
treasurer  is  hereby  authorized  to  borrow  upon  the  credit  of  the 


74  House  Journal,  6Mar74 

state  not  exceeding  the  sum  of  eleven  million  four  hundred 
one  thousand  one  hundred  sixty-five  dollars  and  for  said  pur- 
poses may  issue  bonds  and  notes  in  the  name  and  on  behalf  of 
the  state  of  New  Hampshire  in  accordance  with  the  provisions 
of  RSA  6-A;  provided,  however,  that  the  bonds  issued  for  the 
purposes  of  section  3  of  this  act  shall  have  a  maturity  date  of 
thirty  years  from  the  date  of  issue. 

23  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Amendment  adopted. 

Referred  to  Appropriations. 

HB  5 

establishing  an  emergency  energy  authority  and  making  an 
appropriation  therefor.  Ought  to  pass  with  amendment.  Rep. 
Roderick  H.  O'Connor  for  Executive  Departments  and  Ad- 
ministration. 

Strikes  out  original  HB  5  including  the  title  and  appropria- 
tion. Updates  the  1923  RSA  339:39  to  include  emergency 
regulation  of  the  use  of  electric  power  in  the  duties  of  the 
"fuel  administrator,"  newly  entitled  the  "energy  adminis- 
trator." His  powers  do  not  include  control  of  production, 
siting,  eminent  domain,  local  ordinances,  or  transfer  of 
funds  or  personnel.  Rules  and  regulations  made  by  the  en- 
ergy administrator  may  be  modified  or  rescinded  by  the 
Governor  and  Council.  A  process  of  appeal  to  the  Superior 
Court  base  been  added  as  RSA  339:43. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 

AN  ACT 
relative  to  the  office  of  energy  administrator. 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Appointment  of  Administrator.  Amend  RSA  339:39  by 
inserting  in  line  three  after  the  word  "fuel"  the  following  (or 
electrical  energy)  and  by  striking  out  in  line  four  the  words  "a 
fuel"  and  inserting  in  place  thereof  the  following  (an  energy) 
so  that  said  section  as  amended  shall  read  as  follows: 


House  Journal,  6Mar74  75 

339:39  Appointment;  Tenure.  If  at  any  time  the  governor 
and  council  shall  determine  that  an  emergency  exists  requiring 
public  regulation  of  the  supply  and  sale  of  fuel  or  electrical 
energy  for  any  purpose,  the  governor,  with  the  advice  and  con- 
sent of  the  council,  may  appoint  an  energy  administrator,  who 
shall  hold  office  until  the  governor  and  council  shall  determine 
that  the  emergency  has  ceased  to  exist. 

2  Regulations  of  Administrator.  Amend  RSA  339:40  by 
striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

339:40  Regulations.  The  energy  administrator  shall  have 
authority  to  make  such  rules  and  regulations  with  respect  to  the 
sale,  distribution  and  use  of  fuel  and  electrical  energy,  includ- 
ing the  fixing  of  prices  and  standards,  as  the  public  good  may 
require. 

3  Investigations.  Amend  RSA  339.41  by  inserting  in  line 
three  after  the  word  "fuel"  the  following  (or  electrical  energy) 
so  that  said  section  as  amended  shall  read  as  follows: 

339:41  Investigations.  He  shall  have  authority  to  compel 
the  attendance  of  witnesses  and  the  production  of  documents, 
may  examine  the  books  and  papers  of  producers  of  or  dealers 
in  fuel  or  electrical  energy  and  may  compel  the  cooperation  of 
all  officers,  boards,  commissions  and  departments  of  the  state 
having  information  that  may  assist  him  in  making  investigations 
in  the  discharge  of  his  dutes. 

4  Appeal  to  Courts.  Amend  RSA  339:43  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following: 

339:43  Appeal.  The  governor  and  council,  on  appeal  by 
any  interested  party,  may  modify  or  rescind  any  rule  or  regula- 
tion made  by  the  energy  administrator.  Any  person  who  shall 
be  injured  in  fact  by  any  rule,  regulation,  or  ruling  of  the  ener- 
gy administrator  which  shall  be  sustained  by  the  governor  and 
council  may  appeal  to  the  superior  court  of  the  county  in  which 
such  person  resides  or  does  business.  The  superior  court  shall 
conduct  a  hearing  de  novo  on  the  validity  of  such  rule,  regula- 
tion or  ruling. 

5  Penalty.  Amend  RSA  339:44  (supp),  as  amended,  by 
striking  out  in  line  three  the  word  "fuel"  and  inserting  in  place 
thereof  the  following  (energy)  so  that  said  section  as  amended 
shall  read  as  follows: 


76  House  Journal,  6Mar74 

339:44  Penalty.  Any  person  who  shall  knowingly  violate 
any  provision  of  this  or  the  preceding  subdivision,  or  shall  fail 
to  comply  with  any  rule  or  regulation  of  the  energy  administra- 
tor issued  in  accordance  herewith,  shall  be  guilty  of  a  misde- 
meanor if  a  natural  person,  or  shall  be  guilty  of  a  felony  if  any 
other  person. 

6  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Amendment  adopted. 

Rep.  McLane  explained  the  bill. 

(discussion) 

Rep.  Daniell  offered  an  amendment  and  spoke  in  favor  of 
his  amendment. 

AMENDMENT 

Amend  the  amendment  by  striking  out  section  6  of  the 
bill  and  inserting  in  place  thereof  the  following: 

6  Additional  Duties  of  the  Administrator.  Amend  RSA 
339  by  inserting  after  section  41  the  following  new  sections: 

339:41-a  Antitrust  Legal  Action.  The  energy  administra- 
tor shall  cooperate  fully  with  all  states,  in  particular  Michigan 
and  Connecticut,  in  taking  legal  action  against  any  of  the  na- 
tional oil  companies  doing  business  in  this  state  for  violation 
of  the  federal  and  state  antitrust  laws.  He  shall  assist  to  what- 
ever extent  possible  the  attorneys  representing  such  states  in 
furnishing  them  with  information  pertaining  to  the  oil  in- 
dustry of  this  state  which  might  be  helpful  to  their  legal  actions. 

With  the  consent  of  the  governor  and  council,  he  is  au- 
thorized to  retain  legal  counsel  to  have  this  state  join  with  other 
states  or  take  action  on  its  own  under  the  antitrust  laws  of  the 
state  or  nation. 

339:41-b  Protection  of  Retail  Dealers;  Report.  The  energy 
administrator  shall  further  be  responsible  for  developing  pro- 
tective measures  and  general  assistance  for  the  defense  of  the 
rights  of  New  Hampshire  gasoline  station  operators  and  retail 
fuel  oil  distributors  from  their  suppliers. 

Within  thirty  days  of  the  convening  of  any  regular  or 
special  session  of  the  legislature,  he  shall  issue  a  report  with 


House  Journal,  6Mar74  77 

his  recommendations  for  changes  or  additions  to  the  state  laws 
for  the  purpose  of  accomplishing  the  objectives  of  this  statute. 

7  Appropriation.  There  is  hereby  appropriated  for  the 
biennium  ending  June  30,  1975  the  sum  of  fifty  thousand  dol- 
lars to  be  expended  by  the  fuel  administrator  to  carry  out  the 
objectives  and  purposes  of  RSA  339:39  through  44.  The  gov- 
ernor is  authorized  to  draw  his  warrant  for  said  sum  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

8  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 
Rep.  McLane  spoke  in  favor  of  the  Daniell  amendment. 
Rep.  Gallen  non-spoke  in  favor  of  the  Daniell  amendment. 
Reps.  Coutermarsh  and  Sununu  spoke  in  favor  of  the  bill. 
Daniell  amendment  adopted. 

Referred  to  Appropriations. 

HB  24 

permitting  the  use  of  changeable  effective  date  designa- 
tions, such  as  decals,  on  all  motor  vehicle  and  boat  registration 
plates;  authorizing  the  governor  and  council  to  establish  tem- 
porary speed  laws;  and  exempting  certain  functions  relative  to 
motor  vehicles  and  highways  from  the  provisions  of  the  admin- 
istrative procedures  act.  Ought  to  pass  with  amendment.  Rep. 
Hamel  for  Transportation. 

This  bill  (1)  allows  decals  on  all  types  of  motor  vehicles 
and  boat  plates  (2)  clarifies  the  law  to  allow  lower  speed 
limits  during  a  national  emergency  but  requires  review 
each  year  (3)  modifies  administrative  procedures  act:  a) 
to  exempt  Department  of  Public  Works  and  Highways 
only  concerning  highway  signs,  road  markings,  driveway 
permits,  etc.  b)  relieves  Fish  and  Game  from  necessity  of 
spending  over  $80,000  to  publish  their  regulations  in  a 
newspaper  under  this  law. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 


78  House  Journal,  6Mar74 

AN  ACT 

permitting  the  use  of  changeable  effective  date  designations, 

such  as  decals,  on  all  motor  vehicle  and  boat  registration 

plates;  authorizing  the  governor  and  council  to  establish 

temporary  speed  laws;  exempting  certain  functions  relative 

to  motor  vehicles  and  highways  from  the  provisions  of  the 

administrative  procedures  act;  and  exempting  the  department 

of  fish  and  game  from  procedural  requirements  of  their  rule 

making  under  Title  XVIII,  until  June  30,  1975. 

Amend  RSA  262: 1-a  as  inserted  by  section  4  of  the  bill,  by 
striking  out  in  line  fifteen  the  words  "director  of  motor  vehi- 
cles" and  inserting  in  place  thereof  the  following  (commissioner 
of  safety) ,  so  that  said  section  as  amended  shall  read  as  follows: 

262: 1-a  Traffic  Safety  Fund.  The  proceeds  from  original 
license  fees  as  provided  in  RSA  262:11  and  the  special  fees  for 
initial  number  plates  collected  in  accordance  with  RSA  260: 10-a, 
and  number  plates  for  citizens'  band  operators  in  accordance 
with  RSA  260:ll-b,  after  costs  of  such  plates  or  designation  of 
effective  periods  thereof  and  issuance  of  same  have  been  appro- 
priated and  deducted,  shall  be  expended  solely  for  courses  of 
instruction  and  training  in  safe  motor  vehicle  driving  conducted 
in  or  under  the  supervision  of  secondary  schools.  No  portion  of 
such  funds  shall  lapse  nor  be  used  for  any  other  purposes,  nor 
be  transferred  to  any  other  appropriation.  After  all  costs  of 
administration  of  the  program  each  year  of  the  biennium  have 
been  reserved,  the  remaining  balance  shall  be  paid  to  the  state 
treasurer  by  June  30  of  each  year.  Such  balance  shall  be  kept 
in  a  separate  fund  which  shall  be  paid  out  on  or  before  Septem- 
ber 15  of  each  year  to  participating  schools  prorated  on  a  per- 
pupil  basis  for  those  who  have  completed  the  driver  education 
program..  Subject  to  final  approval  by  the  governor  and  council, 
the  commissioner  of  safety  jointly  with  the  commissioner  of 
education  shall  promulgate  and  publish  rules  and  regulations 
governing  the  courses  of  instruction  and  training  and  determin- 
ing eligibility  of  secondary  schools  to  receive  monies  from 
the  fund  established  by  this  section. 

Amend  RSA  262-A:56,  III,  as  inserted  by  section  9  of  the 
bill,  by  striking  out  in  line  five  the  word  (twenty-four)  and  in- 
serting in  place  thereof  the  following  (twelve),  so  that  said  para- 
graph as  amended  shall  read  as  follows: 


House  Journal,  6Mar74  79 

III.  The  commissioner  shall  keep  and  maintain  a  full  and 
complete  record  of  all  temporary  speed  zones  established  pur- 
suant to  paragraph  II  and  all  alterations,  amendments  or  re- 
moval thereof.  Such  temporary  speed  limits  shall  remain  in 
effect  until  rescinded  by  the  governor  and  council,  or  twelve 
months  from  the  effective  date  of  establishment,  whichever  oc- 
curs first.  Said  temporary  speed  limits  may  be  reimposed,  with 
or  without  lapse,  as  hereinbefore  provided. 

Amend  section  1 1  of  the  bill  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

1 1  Replacement  Plates.  Amend  RSA  260  by  inserting  after 
section  9  the  following  new  section: 

260:9-a  Replacement  of  Motor  Vehicle  Plates.  In  the  event 
the  director  of  motor  vehicles  issues  changeable  effective  date 
designations,  and  the  number  plates  previously  issued  to  the 
registered  owner,  including  intial  number  plates  and  other 
special  plates,  have  become  damaged,  multilated,  illegible  or 
one  plate  has  been  lost,  said  registered  owner  may  apply  in 
writing  to  the  director  for  replacement  plates  alleging  that  said 
plates  are  damaged,  mutilated,  illegible  or  one  plate  has  been 
lost  and  if  the  director  finds  that  the  allegation  is  true,  the  di- 
rector shall  issue  without  charge  two  replacement  plates.  An 
application  for  replacement  plates  shall  be  considered  only 
once  each  registration  year  and  only  during  the  period  of  years 
that  changeable  date  designations  are  utilized,  in  all  other  cases 
plate  replacement  shall  be  made  pursuant  to  RSA  263-4. 

Amend  RSA  541-A:10  as  inserted  by  section  12  of  the  bill 
by  striking  out  paragraph  VI  and  inserting  in  place  thereof  the 
following: 

VI.  RSA  249: 13  relative  to  excavation  permits. 

VII.  RSA  249: 17  relative  to  driveway  permits. 

VIII.  RSA  254:3  relative  to  licensing  utility  poles  and 
appurtenances  with  public  highways. 

Amend  the  bill  by  striking  out  section  13  of  same  and 
inserting  in  place  thereof  the  following: 

13  Exempting  Fish  and  Game  Department  from  Proced- 
ural Requirements  of  RSA  Title  XVIII.  Notwithstanding  any 
other  provisions  of  RSA  Title  XVIII,  such  rules  and  regula- 


80  House  Journal,  6Mar74 

tions  as  the  department  is  required  to  adopt  in  order  to  be  not 
in  violation  of  RSA  541 -A  may  be  adopted  until  June  30,  1975, 
and  take  effect  in  accordance  with  no  other  statutes  than  RSA 
541-A:3  and  4,  provided,  however,  the  effective  date  shall  be 
the  twentieth  day  after  it  has  been  filed  in  accordance  with 
RSA  54 1 -A:  4,  I,  or  such  later  date  as  the  rule  or  regulation 
specified.  This  section  shall  not  be  deemed  to  nullify  the  pro- 
visions of  and  effect  of  the  laws  of  1973,  507:4. 

14  Effective  Date. 

I.  Sections  1,  2,  3  and  4  of  this  act  shall  take  effect  on 
April  1,  1975. 

II.  Sections  5,  6,  7,  8  and  1 1  of  this  act  shall  take  effect  on 
January  1,  1975. 

III.  Sections  9,  10,  12  and  13  of  this  act  shall  take  effect 
on  passage. 

At  the  request  of  Rep.  Richard  L.  Bradley,  Rep.  Hamel 
answered  questions. 

Amendment  adopted. 

Rep.  James  W.  Murray  moved  that  the  words,  inexpedient 
to  legislate,  be  substituted  for  the  committee  report,  ought  to 
pass  with  amendment,  and  spoke  in  favor  of  the  motion. 

(discussion) 

Reps.  Hamel  and  Curran  spoke  against  the  motion. 

Rep.  Richard  L.  Bradley  spoke  in  favor  of  the  motion. 

Rep.  Gerry  F.  Parker  moved  that  HB  24  be  recommitted 
to  the  committee  on  Transportation. 

Rep.  Hamel  spoke  against  the  motion. 

Rep.  Horan  spoke  in  favor  of  the  motion. 

Motion  to  recommit  lost. 

Rep.  James  W.  Murray  moved  that  HB  24  be  divided  into 
4  sections  as  follows:  1  through  8,  first  section;  9  through  II, 
second  section;  12  third  section  and  13  fourth  section. 

Rep.  Pi»rker  spoke  in  favor  of  the  motion. 

Rep.  Murray  subsequently  withdrew  his  motion  to  divide. 


House  Journal,  6Mar74  8 1 

The  question  now  being  on  the  motion  to  substitute,  in- 
expedient to  legislate,  for  the  committee  report,  ought  to  pass 
with  amendment. 

Rep.  Parker  requested  a  division. 

HI  members  having  voted  in  the  affirmative  and  128  in 
the  negative,  the  motion  failed. 

Ordered  to  third  reading. 

HB  27 

relative  to  carrying  a  loaded  pistol  on  an  OHRV,  as  defined 
in  RSA  269-C.  Ought  to  pass  with  amendment.  Rep.  Hamel  for 
Transportation. 

The  bill  as  amended  does  the  following  to  the  off  highway 
vehicle  law  (HB  10  of  the  1973  Session)  :  (1)  clarifies  the 
definition  of  an  off  highway  recreational  vehicle  so  that 
they  do  not  come  under  the  law  when  used  for  transporta- 
tion only  (2)  defines  limited  and  controlled  access  high- 
ways more  clearly  (3)  removes  the  words  "and  in  a  case 
or  holster"  from  the  OHRV  law  (RSA  269-C:  15). 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 

An  Act 

relative  to  amending  certain  provisions  of  the  Off 
Highway  Recreational  Vehicle  Law,  RSA  269-C. 

Amend  the  bill  by  striking  out  everything  after  the  enact- 
ing clause  and  inserting  in  place  thereof  the  following: 

1  Off  Highway  Recreational  Vehicle  Defined.  Amend  RSA 
269-C:  1,  VI,  (supp)  as  inserted  by  1973,  560:1,  by  inserting  in 
line  seven  after  the  word  "definition"  the  following  (provided 
that,  when  said  motor  vehicle  is  being  used  for  transportation 
purposes  only,  it  shall  be  deemed  that  said  motor  vehicle  is  not 
being  used  for  recreational  purposes.) ,  so  that  said  paragraph 
as  amended  shall  read  as  follows: 

VI.  "Off  Highway  Recreational  Vehicle"  means  any  me- 
chanically propelled  vehicle  used  for  pleasure  or  recreational 
purposes  running  on  rubber  tires,  belts,  cleats,  tracks,  skiis  or 


82  House  Journal,  6Mar74 

cushion  or  air  and  dependent  on  the  ground  or  surface  for 
travel,  or  other  unimproved  terrain  whether  covered  by  ice  or 
snow  or  not,  where  the  operator  sits  in  or  on  the  vehicle.  All 
legally  registered  motorized  vehicles  when  used  for  off  highway 
recreational  purposes  shall  fall  within  the  meaning  of  this  defi- 
nition; provided  that,  when  said  motor  vehicle  is  being  used 
for  transportation  purposes  only,  it  shall  be  deemed  that  said 
motor  vehicle  is  not  being  used  for  recreational  purposes.  For 
purposes  of  this  chapter  "off  highway  recreational  vehicle" 
shall  be  abbreviated  as  OHRV. 

2  Limitations  of  OHRV  Use  on  Public  Highways.  Amend 
RSA  269-C:7,  I  and  11  (supp) ,  as  inserted  by  1973,  560:1,  by 
striking  out  said  paragraphs  and  inserting  in  place  thereof  the 
following: 

I.  During  the  period  beginning  one-half  hour  before  sun- 
rise and  ending  one-half  hour  after  sunset  a  person  may  operate 
a  snow  traveling  vehicle  on  the  rights  of  way,  exclusive  of 
traveled  portions,  sidewalks  and  plowed  snowbanks,  of  public 
highways  other  than  interstate  highways,  toll  roads,  or  limited 
access  highways  except  those  limited  access  highways  designated 
as  controlled  access  highways  by  the  commissioner  of  the  de- 
partment of  public  works  and  highways. 

II.  Highway  crossings  for  established  OHRV  trails  may  be 
granted  by  written  permission  from  the  commissioner  of  the 
department  of  public  works  and  highways  or  his  representative. 
No  direct  crossings  of  interstate  highways  or  toll  roads  will  be 
permitted.  No  direct  crossings  of  limited  access  highways,  ex- 
cept those  designated  as  controlled  access  highways  by  the  com- 
missioner of  the  department  of  public  works  and  highways  will 
be  permitted.  The  commissioner  of  the  department  of  public 
works  and  highways  may  issue  written  permission  for  OHRV 
trail  crossings  either  under  or  over  interstate  toll  or  limited 
access  highways.  The  policy  governing  such  OHRV  trail  cross- 
ings and  OHRV  trail  crossings  on  class  I,  class  II,  class  III  and 
limited  access  highways  designated  as  controlled  access  high- 
ways by  the  commissioner  of  the  department  of  public  works 
and  highways,  shall  be  as  determined  by  the  commissioner  of 
public  works  and  highways. 

3  Loaded  Firearms  Forbidden  with  Certain  Exceptions. 
Amend  RSA  269-C:15  (supp),  as  inserted  by   1973,  560:1,  by 


House  Journal,  6Mar74  83 

striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

269-C:15  Loaded  Firearms  Forbidden.  No  person  shall 
carry  on  an  OHRV,  or  a  trailer  towed  by  same,  any  firearms 
unless  said  firearms  is  unloaded.  This  section  shall  not  apply 
to  law  enforcement  officers  carrying  firearms  in  the  course  of 
duty.  Loaded  firearms  carried  under  permits  issued  under  RSA 
159  are  included  in  the  above  regulation. 

4  Effective  Date.  This  act  shall  take  effect  sixty  days  after 
its  passage. 

At  the  request  of  Rep.  Read,  Rep.  Hamel  answered  ques- 
tions. 

Rep.  Hamel  yielded  to  Rep.  French  to  answer  questions. 

(discussion) 

Amendment  adopted. 

Reps.  Gorman  and  Chase  offered  an  amendment. 

AMENDMENT 

Amend  RSA  269-C:15  as  inserted  by  section  3  of  the  bill 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following: 

269-C:15  Loaded  Firearms  Forbidden.  No  person  shall 
carry  on  an  OHRV,  or  a  trailer  towed  by  same,  any  firearms 
unless  said  firearm  is  unloaded.  This  section  shall  not  apply 
to  law  enforcement  officers  carrying  firearms  in  the  course  of 
duty  or  to  pistols  carried  under  a  permit  issued  pursuant  to 
the  authority  of  RSA  159. 

The  clerk  read  the  amendment  in  full. 

Reps.  Gorman,  Chase,  Laurent  J.  Boucher,  George  E. 
Gordon  and  Erler  spoke  in  favor  of  the  amendment. 

(discussion) 

Reps.  French  and  D'Amante  spoke  against  the  amendment. 
Reps.  Pryor,  Oleson,  Burrows,  Splaine,  Hood,  Maguire, 


84  House  Journal,  6Mar74 

Allen,  Metcalf  and  Donnelly  non-spoke  in  favor  of  the  amend- 
ment. 

Ordered  to  third  reading. 

On  a  w  the  Speaker  was  in  doubt  and  requested  a  division. 

It  being  manifestly  in  the  affirmative  the  Gorman  and 
Chase  amendment  was  adopted. 

REREFERRAL 

The  Speaker  rereferred  HCR  4,  relative  to  a  new  f>oint  rule 
No.  32,  to  the  Committee  on  Joint  Rules. 


The  Speaker  announced  that  today  Rep.  Bigelow  is  cele- 
brating his  62nd  birthday  and  Rep.  Alukonis  his  39th  birthday. 

RESOLUTION 

Rep.  George  B.  Roberts,  Jr.  moved  that  all  bills  ordered  to 
third  reading,  be  read  a  third  time  by  this  resolution  and  that 
all  titles  of  bills  be  the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  unless  otherwise  ordered  by  the  House, 
and  that  when  the  House  adjourns  today  it  be  to  meet  tomorrow 
at  10:00  a.m. 

Adopted. 

Third  reading  and  final  passage 

HB  12,  conforming  tax  commission  references  in  the  cur- 
rent use  taxation  law  to  the  revised  revenue  administration 
laws. 

HB  25,  changing  the  reporting  date  for  the  study  commis- 
sion on  the  problems  of  unemployed  citizens  in  New  Hamp- 
shire. 

HB    13,   repealing  the   termination  date  of  RSA  357-B. 

HB  29,  relative  to  tuition  payments  for  handicapped  chil- 
dren; amending  the  appropriation  for  same;  defining  a  handi- 
capped child  as  a  person  up  to  the  age  of  twenty-one;  and  pro- 
viding for  educational  and  other  expenses  in  public  institutions. 

HB  24,  permitting  the  use  of  changeable  effective  date 


House  Journal,  7Mar74  85 

designations,  such  as  decals,  on  all  motor  vehicle  and  boat 
registration  plates;  authorizing  the  governor  and  council  to 
establish  temporary  speed  laws;  exempting  certain  functions 
relative  to  motor  vehicles  and  highways  from  the  provisions  of 
the  administrative  procedures  act;  and  exempting  the  depart- 
ment of  fish  and  game  from  procedural  requirements  of  their 
rule  making  under  Title  XVIII,  until  June  30,  1975. 

HB  27,  relative  to  amending  certain  provisions  of  the  Off 
Highway  Recreational  Vehicle  Law,  RSA  269-C. 

On  motion  of  Rep.  Arthur  F.  Mann  the  House  adjourned 
at  1:38  p.m.  in  honor  of  Rep.  Bigelow's  birthday. 


Thursday^  7Mar74 

The  House  met  at  10:00  o'clock. 

Prayer  was  offered  by  Rep.  Barrus. 

Our  God,  the  God  of  our  fathers,  strengthen  us  to  do  the 
work  that  is  before  us,  guide  us  in  the  ways  of  righteousness  and 
truth;  make  us  responsible  to  the  needs  of  others,  encourage  us 
to  remember  that  when  we  do  what  is  right,  we  are  doing  Thy 
will. 

We  pray,  our  Father,  that  Thou  will  be  with  this  House, 
and  that  Thy  Spirit  will  be  in  this  chamber  and  with  this  State 
this  day  and  in  the  days  to  come.  Amen. 

PLEDGE  OF  ALLEGIANCE 

Rep.  David  J.  Bradley  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  Tripp,  Grady  and  Southwick,  the  day,  illness. 

Rep.  Gary,  indefinite,  illness. 

Reps.  Albert  C.  Jones  and  Helen  F.  Wilson,  the  day,  im- 
portant business. 

RESOLUTION 

Rep.  Zachos  offered  the  following  resolution: 


86  House  Journal,  7Mar74 

Resolved,  that  in  accordance  with  the  list  in  the  possession 
of  the  clerk,  House  Bills  numbered  36  and  37  shall  be  by  this 
resolution  read  a  first  and  second  time  by  the  therein  listed 
titles,  laid  on  the  table  for  printing  and  referred  to  the  therein 
designated  committees. 

Adopted. 

INTRODUCTION  OF  HOUSE  BILLS 

First,  second  reading  &  referral 

HB  36,  permitting  the  sale  of  milk  in  three  quart  contain- 
ers. (Rules  Committee  for  Rep.  Campbell  of  Rockingham  Dist. 
5  —  To  Environment  and  Agriculture) . 

HB  37,  to  provide  for  the  repeal  of  the  law  tending  to  pro- 
hibit hitchhiking.  (Rules  Committee  for  Rep.  Parker  of  Hills- 
borough Dist.  17  —  To  Transportation) . 

ENROLLED  BILLS  REPORT 

HB  9,  increasing  the  debt  limit  for  the  Londonderry  school 
district. 

HB  28,  authorizing  Franklin  Pierce  College  to  grant  the 
degree  of  juris  doctor, 

Mabel  L.  Richardson 

For  the  Committee 

COMMITTEE  REPORTS 

HB  1 

making  supplemental  appropriations  for  expenses  of  cer- 
tain departments  of  the  state  for  the  fiscal  years  ending  June  30, 
1974  and  June  30,  1975  and  making  other  budgetary  changes. 
Ought  to  pass  with  amendment.  Rep.  Drake  for  Appropriations. 


House  Journal,  7Mar74 


87 


AMENDMENT 


CO  -3 

CM 

m 

m 

On  cm 

rn 

CM    M 

CTn 

a\ 

OD     rH 

0\ 

0\ 

o\ 

<M 

■(& 

■E* 

^ 

<«■ 

rH   CO 

CO 

C^ 

J- 

CO 
C>v 

CD 

CO     ^ 

O 

" 

'^ 

*,, 

<o 

■«f> 

*> 

O        1— I    o  -H  m    CO 

iH  -r^  CJ  C/3 

rH  CTJ      4J      0)      (U 


10      O 

3    0) 


>j   a. 


(0   at   M  Qj  o 
c  ja   3  a  f^ 


C    (U    c    D,  u 


I  K-)  u   d)   d. 


ij  <o  <o  1-4  u 


a.  (U   CO    * 
o  u  a-J- 

1^    CO    Q>  r^ 


iH     H     CO     CJ 


^    u         CO    C    C  ^ 


en 

W 

t3 

c 

C 

•H 

3 

-cf 

O 

rH 

»-< 

U 

3 

^ 

CI 
CO 

^ 

^ 

<1) 

b( 

c 

C 

0) 

Ti 

o 

rH 

,_^ 

.s 

(H 

..     3  U  00  o<  O.U-( 

CO   CO  ^  c  o  o    o 

CO  -H  M  H 

OJ  01  -O  CU  o.  ^>^ 

tj  X  C  a.  o.  c 

u  u  (l>  CO  CO    cO 


88 


House  Journal,  7Mar74 


m  <M  -3 
on  (M  <M 

ON  t^  rH 

CN 

ON  rH    rH 
rH    CVJ 

■eo- 

en 

moo  J- 

1/N 

J- 

j- 

oo  On  OJ 

CO 

OJ 

On  CVJ  ,H 

oo 

^ 

J- 

OnCO   iH 

C7N 

m 

on 

CNJ 

on 

■«& 

*3^ 

■ee 

■ee- 

J-   ^    rH 
CO    O  CO 
CJ\   U-\NO 

(-1 

^     O    rH 
rH    CNJ 

•(«• 

■to- 

Cu 
CO 

On 

cc. 

oJ 

CO 
ON 

on 

iH 

rH 

■e» 

«» 

■f» 

(U    0} 


--~  4->   cc 


*^    O    >    d    ^^ 


House  Journal,  7Mar74 


89 


o 

in 

m 

o 

o 

f*> 

fo 

ON 

<u  a       u 


^       B  o  c 

CO  -H    O    0) 


90 


House  Journal,  7Mar74 


3      4J 


)-i      O  4-* 


^^  u 


.-)  S    CO 

4-*  4J    H  '^ 


House  Journal,  7Mar74 


91 


o  o 
o  to 

o 

r^ 

<n- 

</y 

v> 

O  O 


in  o 

u-i 

m 

m  ui 

oo 

00 

o  n 

vO 

^c 

p-i 

CO 

vy 

</> 

</> 

u-l  o 

U1 

fo  in 

00 

o  ^ 

vD 

f-(   CN 

fo" 

"* 

"^ 

«v 

V* 

§1 


0)   4J         tH    eg    V 


92 


House  Journal,  7Mar74 


o 

o 

o 

o 

o 

o 

o 

o 

o 

" 

n 

<n-  I 


House  Journal,  7Mar74 


93 


M  0) 

d        u 


%    9 


4J  0*0 


TJ    ftiH  -H    >    C 


pH  3    1h    >    C 


u        w  a  u 


^^ 


94 


House  Journal,  7Mar74 


s  & 


01       -F^  -rt  a* 


•U    M-(    O  /^ 


01 

•rl 

o 

u 

1 

a 

s, 

B 

4-t 

0) 

O 

House  Journal,  7Mar74 


95 


CN  O 

CM 

^  vo 

O 

O  -3- 

iH  CS 

m 

^1 

«. 

«■ 

1 

iH 

CM 

CO 

CM 

m 

in 

oo 

cn 

-3- 

m 

v> 

«. 

•O    0) 


'g 


IM  4J     l-t     1-t 


96 


House  Journal,  7Mar74 


t3  +>  H 
a>   m   d 


-i    ^ 


^1  J3  <U  +> 
4)  +J  >  C  3 
-   O    a)  M  O 


House  Journal,  7Mar74 


97 


o  V. 


a)  O 


98 


House  Journal,  7Mar74 


r^  in 
^  ■J- 


o>\ 


o  o 

o 

O   "-1 

u% 

t- 

,-1   OS 

o 

•e9- 

■«* 

u     U 

h 

a  0) 

0) 

a  -o 

B 

iH 

■H  ai 

11 

0 

u   Cu 

O 

U 

L     (0 


mi  n 


House  Journal,  7Mar74 


99 


in  in 

o 

o\  in 

m 

^   00 

o 

!" 

o  o 

O 

-T    -3- 

00 

r^  -d- 

00  fn 

CM 

vO 

r^ 

k<    c 

3  n  oj 

a  (J  14-1 

>^  -H    o 

•O    J2  iH 

<u  on 

w  -o  a  c 


°l 


B  U  BO 
•H  O  -H 
4_l     0)    PIl 


^     (0    M      3 


l-l 

O 

3  --1 

3 

itJ    O 

^ 

4J 

O. 

>^ 

c 

14-1 

O    IB 

<J 

O    OJ 

■H    3 

e 

4-1 

«-l  X 

(U     Q 

4-1       4-1  v^  :z; 


(13    0)  j::  a>  in 

X  3  -o  t^ 

IB  T)  C 

C  10  u    C 

•o    n  <u  a  o 


n    -H  .-H  XI      0) 

T3  c  -o 

>^•0  Vj  4)     C 

,o    n  o  p.  lu 

oj  i*j  X    B 


«    4J    o   n  Bd 


100 


House  Journal,  7Mar74 


II         o 

o 

o 

o 

o 

o 

1^ 

CO 

00 

u-i 

■" 

<«- 

</> 

v> 

o 
o 

o 

o 

o 
o 

o 

-J 

«■ 

v> 

<n 

o  o 
o  o 
•*  o 


1 

o 
o 

o 
o 

■J- 

-'■ 

«■ 

«• 

«■ 

o 

O 

O 

u-1 

U1 

o 

(N 

fN* 

in 

vO 

v£> 

r-j 

-' 

'^ 

\r> 

</> 

«■ 

•a  ^        3 


a  a 


<u  n       r^ 


M  <v  j::   <o 


House  Journal,  7Mar74 


101 


o 

o 

o 

o 

o 

o 

o 

on 

n 

en 

ir\ 

o 

o 

rH 

<H 

II       ■<«■ 

-» 

■V* 

o 

o 

o 

o 

o 

o 

o 

lf\ 

cu 

o 

o 

1— 

t— 

■» 

•» 

•«« 

0)    M  *^     U 


102 


House  Journal,  7Mar74 


■u 

o\ 

(U 

n'  ■• 

(. 

u 

.-1 

o 

OJ 

o 

? 

a 

(U 

3 

•o 

CO 

(.1 

•o 

g 

c 

o 

c 

c 

0 

o 

u 

•H 

HI 

<0 

•o 

u 

a 

u 

a 

0) 

m 

d 

u 

•g 

M 

•a 

3 

< 

O 

m 

M 

O  -rt    >    41 


House  Journal,  7Mar74 


103 


o 

u 

C 

(U 

a 

« 

a 

01 

o 

o 

H 

u 

<U 

3 

> 

o 

(V 

n 

•o 

OJ 

h 

o 

1 

•s 

o 

(0 

B 

o 

T) 

<u 

c 

to 

•a 

c 

>- 

<s 

4J 

09 

<u 

01 

o 

u 

0 

3 

u. 

O 

00 

HI 

M 

p<: 

M 

C     C    <H     CO 


C  UH      O 


CO   4J  Co. 


a  4j  -o       u-(   > 


(U    00 

Q 

&5 

3 

1 

HI    u 

O 

4J 

C3 

c 

ti    -H 

OJ 

(U     M 

•o 

B    rH 

j:  PL, 

0) 

o.  nl 

•H  00 

0)             -o  d 

C  -H 

01    01  ^ 
u    O.   CO 

ra   Xi  B 

..    4J     ol  I 

C    iH     CO  S 

<u   o;        ki  o 

M    >    c    0)  c 

10  M  j::  to 


104 


House  Journal,  7Mar74 


OS 

a. 

C^ 

~» 

^ 

I    I 


I    I 


S  4-> 


<U    41 

>  a 
a  H 


s^ 


H        ^  ^ 


<0         -fl  ■ 


House  Journal,  7Mar74 


105 


•o 

o 

•T3 

o 

U 

J5 

!3 

O 

M 

J 

01 

o 

« 

CJ 

3 

O 

m 

3 

V 

0 

u 

» 

tl 

u 

OS 

«l 

VI 

C3 

M 

» 

0)    n]  4-1 


a  cj  H       -H 


-I       a  £  c  -H 

4J  u    o    O    4-1 


106 


House  Journal,  7Mar74 


<n-  «> 


0)  a 

Is 


House  Journal,  7Mar74 


107 


>   H    43   -P    in 


Qj   +j     bO  +J   ^   -i-> 


T3     O   <*H     01     OJ 


Id   ft  T)  -p   o  c 
c  (fl  c   o  -H  (d   o 
01  rH    cd  ,J3  -p  +J    t< 


-dtHcscsiacs+J 


B  > 


t3   ^    ft  13    <V 


t.   £   •« 


<U    V,    t,    01  43     0) 


O  P  ul  O^ 

C  i-D  +3  <u 

Jh  C  (h 

1)  ^  01 

>  4->  B  (U 


j3(DCid<L>-P't32<UOt3  300SO+3C         proCO) 

<u^ftSP<u*M        <MOVi^ajtiOiHOtiD        s-t^a-P 


O  r-i  -H    as    0 


tM      >      CS    rH 


3  i 

•H 

Vl 

u 

r— 1     riJ 

cd 

■H 

'" 

•      -  en    0) 

y 

rH     JJ 

t3 

c   ^13  x: 

'cci  ^ 

o 

P  o 

> 

o 

fH 

^    0) 

<fl 

^ 

T3      >     C    rH 

c 

(d  H 

C    C 

" 

C    H     0)    P 

P>  -d 

•H     O 

^ 

r-\ 

m  ^ 

> 

^ 

oj    cd   0)  p 

3 

P 

0)    p 

0) 

•H    ^    +J    rH 

c   c 

o 

■o 

1) 

o 

as 

p> 

(d 

+3  rH  ^   eS 

o 

-P    cfl 

0)     <M 

r~i 

tiD  P    Cd    Cd 

0)     0) 

+j 

c  o 

x: 

tH 

aS         0)  i-t 

o 

cd    rH 

p 

^ 

0)   a  -H   1) 

B    B< 

OJ   -p 

t< 

OJ    Vh 

-p 

S-i   Cm    ^K   -H 

S:    -H 

p 

CO 

P    o    ^^  ^ 

X 

ft 

^ 

3 

m    o 

0 

^1 

O    O    ft  cd 

13 

+J   Cd 

01   Id 

rH 

B    ft 

Cm     QJ 

p 

3  +j 

-p 

o 

t1 

Ui 

o 

c 

0 

vi       a  > 

C 

> 

>  J3 

•H 

0)             OH 

o 

c 

(H 

3 

Ti 

ft  s^ 

Cm 

ft          O    08 

cd 

bO  cd 

cd  +J 

Cd 

>  c„    h    cd 

h 

cd 

c 

ai 

p 

c 

>-,    as 
3    « 

<v 

C   f> 

C 

J3 

> 

O    O     ft-p 

oj   a> 

V; 

t.    cfl 

u 

•a 

rH 

3 

^ 

a 

(DO           OJ 

u 

•H    Q) 

t3 

Cd 

U         ft  c 

O   J3 

O 

<U    ti 

Xi 

11 

T) 

ai 

Ci 

ft  >> 

cd 

p   -H    0)   p 

0 

^■" 

.    0) 

ft  P'    Id   0) 

•H    -P 

j::  O 

+3 

c 

U 

CO   J3 

a 

^4     > 

0) 

ft  c       a 

«M     O 

4-> 

as 

0) 

IV 

<D 

J-(  +3 

C 

,H    -r-i    -^    r-i 

u 

•H    +) 

0)    rH 

,o 

cd    0)    tn 

<M 

o 

e 

ft 

c 

CO 

01    in 

T) 

B 

^.      >            rH 

(U 

P    X 

+3    o 

a  T3   0) 

o 

i»! 

V 

(U 

rC       ^H 

0> 

Cd    0   ^H   Cd 

> 

U     W 

C    m 

hj 

4-> 

(U 

o 

g 

P    -H 

*H 

,C   i<   o  j= 

0 

0)    -H 

0)     0) 

o 

2  S  ,3  ■"' 

M 

O     <M 

■« 

^ 

CO    ft  Cm    CO 

o 

V  a 

O      >H 

C 

a  ft  <M  CO 

c^J 

w 

» 

108 


House  Journal,  7Mar74 


a  g- 


(0  o 


+>  o      --^ 


4>   r-)    of 


■3     a 


House  Journal,  7Mar74 


109 


..I 


rs 


110 


House  Journal,  7Mar74 


O   00 


^ 

,^ 

m 

CM 

m 

oo 

o_ 

\o 

^D 

•1 

CN 

t-l 

u  at   u  u 


4J    o  Ph  O    w         ^^ 


u  8   h  b 

q  CO  0)  Al 

i  cd  T>  c  H 

■H  a   «l  Of   4 

4J  a  cu  u  u 


u  «^ 


House  Journal,  7Mar74 


111 


00 

CM 

o 

O 

00 

<J\ 

r^ 

<N 

'^ 

••a- 

vy 

</}- 

ss 


C  Cb  u 


T3 

a.^  ^ 

ID 

a  a  <9 

U 

3    ki    b 

<4 

m   w  ai 

^ 

■O    CI 

•r? 

■a  «i  01 

4J 

a  Pu  o 

00  u 

^3 


112 


House  Journal,  7Mar74 


^  <»>  r~  1^ 


1^ 

a\ 

ON 

o 

o 

o 

tN 

«■ 

» 

00  CO  I 


rl 

-»■ 

OS 

rH 

r* 

fn 

«■ 

CO  >»  -a- 

^ 

CN 

CM  m  ro 

On 

~» 

ON  tn  -* 

NO 

u-l    <N 

OO 

"* 

v> 

V* 

«• 

01  w  i«  Nu  tg 

4J  o  ki  a  M 

4  -H  0)  C  01 

•9  C  «  M  0) 

u  0>  Ch  H  O 


U   U 


3    >    M 
OH  .H 


•p  01 

«    01  >M 

u  u   a 

it " 


a  M 

01    « 

(3  u 


House  Journal,  7Mar7.4 


113 


t-i    3: 


3   U 


53    - 


W    M 


If     ^"^    -3     11 


M  ^ 


114 


House  Journal,  7Mar74 


u        u  u        ^^ 


House  Journal,  7Mar74 


115 


(^ 

CO 

tn 

r^ 

tn 

rH 

>o 

«• 

m 

00 

a\  in 
m  00 


■o 

« 

3 

09 

a 

u 

o 

u 

•H 

a 

> 

o 

u 

o 

lU 

0) 

a 

<v 

o 

> 

•H 

u 

4J 

<g 

III 

o 

U 

9 

U 

■0 

o 

« 

'H 

e 

T* 

o 

a 

■o 

5 

h 

4 

2 

M 
HI 

U    4J     X 

<g  a  « 


■H   a 

10    o 

01  x: 

(U  to 

>U    J^ 

"OH 

a  b  o 

w  a  » 

u 

3    ••a 

was 

« 

<9 

a  u  u 

4J 

«  a  u 

« 

a 

Oi  O    B 

4J 

ID 

<M 

ij 

0 

•H     41 

'H   01    «   gg 

e   ij    >         u    V   h    □ 

•^k«C3j34>0 


vl    U    M    V4 


■H  M  «i  91  a 

U     Q)   Bt4   U    4-> 


ai  01  a  b  eo  w 

u  >  01  o  ki 

H  a  C  J3  U    -rl 

3  M  M  4J  a.   Pb 


116 


House  Journal,  7Mar74 


o> 

m 

■a- 

m 

r^ 

»» 

-H 

ir> 

00 

<N 

s 

J 


in  vo 
a\  -a- 

00 

vt- 

•»> 

•O      O    rH  ^    I 


OH  -H 


H  ^-' 


House  Journal,  7Mar74 


117 


ro  00 

^ 

CM   -3- 

»o  >C 

<N| 

^  o 

fM 

</> 

<rt- 

o  m  I 
O  n  ( 
-*  tM  ' 


M 


U    [„    O    4J  /-> 


118 


House  Journal,  7Mar74 


r^ 

m 

r-4 

Ov 

00 

00 

f— t 

00 

O 

fO 

-» 

00 

«• 

o 

m 

u-1 

r^ 

<^ 

vO 

^ 

vO 

fn 

00   0^ 
u-i  ro  CTv 

r^  -a- 


T) 

r 

o 

3 

C 

u 

•H 

<g 

U 

e 

0 

o 

•H 

XI 

ra 

a 

j= 

o 

u 

•H 

)-> 

4J 

M 

r-4 

O 

<0 

3 

c 

•a 

o 

<u 

4-1 

M-l 

a 

0 

o 

•o 

> 

a 

o 

1-4 

n 

X 

4-1  U  M  M 

^             B  >  TS  C  rH 

CO           tH  U  0)  (U  0} 

1-*             4J  0)  b4  O  <-> 


1-1  4)  a»  (D 


House  Journal,  7Mar74 


119 


■^  \r\  m 

-» 

o\  r^  o 

o>  cs  ^ 

fo 

CM  fn  lo 

r-t 

iri        r^ 

cn 

.-1 

</y 

">l 

,^ 

in 

o 

vO 

« 

</> 

«■ 

ON    °°    S 

o  o  1^ 


■Si! 


120 


House  Journal,  7Mar74 


iH 

«> 

vO 

0^ 

^0 

vO 

^ 

ts 

<N 

vO 

>o 

•O 

m 

-a- 

-» 

-» 

-» 

«■ 

«■ 

«■ 

m 

CI 

<n 

n 

<n 

iH 

-H 

Oi 

a> 

a> 

^ 

oo 

GO 

•^ 

in 

m 

«> 

v> 

<o- 

« "3 


13   I  i  2 

U  4J    O 


4J    O 


House  Journal,  7Mar74 


121 


o 

C 

>"1 

o 

~.T 

1     ^ 

to 

30 

r^ 

■  ■ 

U    3 
H 

2  § 


■3  ™ 


C    <U    C  --1    (0 
O  ^    0)    u 
m  u  u   >  a 


If 


122 


House  Journal,  7Mar74 


1 

O 

c> 

1     ^; 
1      -; 

o 

c 

1           *^' 

<Nt 

'"H 

" 

'~* 

',' 

.y> 

<n 

zl 

"M 


o  o 


1 

O 

o 

o 

o 

1 

o 

c\ 

</> 

v> 

v> 

U      <10     »  4-> 


a  ^ 


ui    3 

Jl 

j: 

™ 

a  -H 

4 

*j  j: 

4J 

nj    kt    *J    *•   u 
C    o    c  ^   « 


0)     4J     ^1      >     c 


« 


House  Journal,  7Mar74 


123 


ol 


0)   (A 

ja  o 
a 


Cm  C 

a, 


<u  c  -w        c 


U  U     Ul    U 


C-H 

o 

C     03 

c 

U 

HtJ 

3    0) 

(U 

w  J^ 

to   M 

't-i 

u  c 

•H     U 

•  ■ 

D  M-l 

a    3 

U 

>M     M 

ifl    u 

(U 

c 

§  5 

+J 

<U   10 

0 

x:  u 

c;    t) 

c 

Eh  +J 

0)  'J 


u  u    C  W 


124 


House  Journal,  7Mar74 


«»1 

CM  r- 

fM 

n 

ON  00 

1-1 

■j\ 

r^  tn 

t»i 

a> 

CO  o\ 

CO 

<o- 

iH  in 

00 
CO- 

in  ^  • 


.984 

,541 
,656 

iH 

00 

•»  iH  CO 

i-l  ■» 

o 

vy 

<»■ 

t^  o 

•-t  <J\  . 


•H  CQ    4J     O 


e  0)  a 


P    4)    u 

•H   ''-'    OJ    <d 
33  O  O  4J 


a  i-i 

«•§  2 

-t  3  d 
4J   p.  5 

O    O.X 

41  -O 

<»       -^ 

s  S^ 

•rl  •«    a 

ki  g  o 

9         00 

one 
(0   o   5 

0        a 

U    it 

■H    -H   <-l 

>N 

pH 

a  cj  3 

O     U    U     10 

10 

lO 

Ck-H    v4 

<U     0)     O     kl 

u  s  v  a 

3    ^ 

u 

a  u 

£    01 

a 

iH  3  a) 

»  --1  (3 

10  1-)  a  o 

60X1 

c 

^  -   c,  S 

S 

IS 

3         -HOIlUbCbDOiO 


House  Journal,  7Mar74 


125 


o  o  o 

O  O  (M 

o 

ON 

CO 
CO 

cxTcM 

(SI  OJ 

-a- 

-3- 
J- 

H 

r^ 

■H 

rH 

■es- 

<«■ 

•» 

O  0\  ir\I( 
0\VD  l/Nv, 


o  o  o 

O 

O 

O    O    rH 

rH 

-3- 

O   O   CM 

CM 

CO 

OJ- 

J- 

t- 

O    rH 

r-i 

ro 

OS 

0\ 

cr> 

■««■ 

<«• 

■«»• 

J  OO  VO 
C?\  h-  C\J 
O  O  J 

C\J  CM  CVJ 


CX3 

CO 

SO 
CO 
SO 

SO 

rH 

o 

•» 

■v^ 

tv 


p< 

O  "O  TJ 

O  t3  ir 

to    (U    c 

u    (U  c\t 

•O     OJ 

P(  'O 

■0    3          >» 

'<d 

p.  3-  m 

<U  rH    3    a) 

Id  H    C 

mat 
inc 
thr 

her 

h 

o  o 

HI 

r-j     fi   -H 

c 

H 

•rt                  -H   +> 

01 

0) 

■P            O 

+>     CO    ITv  03   O 

t5 

+J 

o   in  a< 

10     d   CM 

O 

cd   u 

•H     C 


S4i 


+J  H  CM    ti 
01    <S  CM    II 

a  -H      c 


•H     C 

4-> 

V    O 

V     U 

00    -H 

O     HI 

S     » 

P.  <u 

O  c 

O     M 

10      ^r^ 

ti 

P<  c 

•a  -a 

rH 

rH 

P.-H 

V   <u 

0) 

0) 

0) 

*>  -a 

li 

Vi 

^ 

■o 

1^ 

01 

1> 

1> 

r^    <u 

"S 

J3 

C  H 

0)    T3 

■P 

0>    ol 

H->     3 

'+i   c 

b. 

O 

O   -P 

2-" 


3  p 


Otf   -H  P     O 


d   0) 


TS   CO   box:  G    -^ 
0"  -H  -H  p  o;    a 

fc.    El,    33   5  O     P 


126 


House  Journal,  7Mar74 


3  .£1    o    m 


s-s 


^    )-i    O    1-1 


t-t   u   V   tfi 


*J  G    O)    U   ^ 


D    C     C   -O    > 


m  ^  mh  4J 


C    u    Vj    (fl 


o 

0) 

x 

j:   m 

J= 

>%  c 

00 

4J 

U    -H 

c 

u 

•H 

o 

o 

CO   M 

•o 

o 

3 

c 

I*-*   M-( 

t— ' 

•o 

o 

O 

I  4-1  0)  ca  o 


73    -H  H 


a  x  c     '  X 


T^ 

(U 

•H 

CO 

o.  a> 

^ 

c 

u 

4J 

B 

r> 

u 

<U 

Q 

o 

o 

o 

O 

3 

u 

CD 

(U 

0 

> 

a 

CO  r^ 

^1 

>> 

o 

a 

o 

41 

•H   ON 

Cfl 

c 

■H 

a 

J3 

(U 

X  -< 

lU 

« 

^ 

j: 

m 

a 

m 

4J 

m 

o 

c 

XJ 

3 

k< 

M 

01 

3 

OJ 

o 

O 

O 

c  o 

o 

o 

o 

(« 

o. 

C 

JS 

M    CM 

£ 

o 

U-l 

o   c        o 

iM     to     GO  U-t 


— t       m  m  <r        ^ 


r-i        in  ^  r^ 


— »        en  CM  m 


4J  CO      O      C      W      4-J 


•H  4J  ^    c  *-t  a* 

U  a      O     QJ     >^ 


bO   0)    o    o    0) 


73 

1 

C 

h   iH 

J3 

<U 

CO 

CO 

(U    (S 

(U 

>  e 

CU 

•H 

0   o 

4J 

>. 

(V 

CO 

O 

s 

00 

(U    k( 

U 

O. 

T3 

en  <u 

to 

3 

o   a 

T3 

c 

D. 

o 

1^   »^ 

j: 

dJ 

3    OJ 

4J 

J3 

(n 

10 

ax 

•H     O     CO    O    »-' 


I  J3   "-I    a   -H   -H  s 


§1 


4J       (0     J         * 


CU    Ul    o    o 


0)     O     CO      3 


§Ti1 


c 

<u 

CO 

•o 

o 

4J 

o. 

B 

to 

c 

X 

CU 

to 

CU 

u 

CU 

CU 

4-> 

ex 

4J 

V 

C 

CO 

X 

a. 

h 

*J 

4-* 

o 

<u 

■u 

c 

iH 

to 

CU 

u 

J3 

CU 

CU 

u 

1= 

(ti 

<u 

4J 

u 

> 

c 

g 

CU 

01 

x 

o. 

o 

u 

to 

M 

X 

n 

^^ 

a 

3 

to 

O 

u 

to 

•o 

0) 

§ 

OS 

i-> 

o 

1 

X 

0) 

>N 

B 

01 

ts 

I     CO      (U 


<u   o   to   ^   t^ 


(OCT? 


•H-iH'H(0OB«J->-C 


X-i     (0     (0    CO    4-1     (0 


-H  C     t-*     0> 


l-H     t-i    X     O     CX   01 


0)     1-     3    W    iJ 


3O0O04t**-<Ctfl'O3Q» 


t-t   o  3  i->  <   CO  a 


House  Journal,  7Mar74 


127 


r^  -O     • 

1 

<r  C  o 

i-i 

vr   _  O 

n 

•H    r^    O  O^  4^ 


u    p^  u    >^- 


o 

o 

o 

O 

o 

o 

o 

o 

O 

o 

o 

o 

u-i 

O 

00 

o 

o 

>o 

o 

o 

o 

r^ 

■-1 

ON 

iH 

en 

00 

m 

vt> 

>o 

-,T 

o 

O 

m 

ON 

00 

r^ 

r-^ 

r-t 

f-1 

o 

ro 

in 

o> 

00 

CM 

rv 

on 

o 

m 

ON 

00 

•H 

o 

ST 

m 

<r 

in 

u-1 

lO 

(SI 

^ 

^ 

m 

zl 

>o  ~a- 

o 

00  ^ 

o 

m  r-- 

m 

Csl   o 

n 

.-1  CO 

ON 

iri  00 

r~  iri 

ro 

J3 

1-1 

J3 

10 

O 

c 

o 

4J 

u 

•H 

D 

o 

n 

I, 

nj 

O 

r-i 

0 

61 

0) 

a 

to 

C 

X 

u 

•H 

4J 

c 
o 

01 

-o 

•H 

l*J 

CM 

tN 

m 

O 

rg 

in 

o 

r^ 

m 

^ 

o 

(TN 

00 

ON 

00 

to 

o 

o 

.H 

'J- 

ON 

■^ 

O 

<» 

r^ 

ON 

00 

ON 

r^ 

00 

^ 

to 

^ 

m 

cs 

^ 

vO 

o 

<r 

^ 

o 

p^ 

o 

-a- 

o 

-T 

tN 

on 

ON 

<o 

in 

r^ 

r^ 

t-H 

m 

>o 

CM 

m 

>T 

r.) 

rH 

m 

^ 

on  a,  T3  ^  u 

M   c  o   c 

a.  3  ij   3  ^-N  <u 

ex  Pi4  <x  b^  to  u 


rs  -H  in  -H  M       ' 
ON  j:  i^  X  M    c  ■ 


•Hococnwci-' 


T3  o  to  u  m  u 
4)  3  Q>  3  r^  TD  4-» 
PS     l4     ti     1-c   <3N     C     to 


B 

*J 

to    CO 

c 

n    01 

o 

O     0)     ti    TJ 


u 

>.: 

- 

■H 

<u 

k^ 

en 

m 

Ui   u 

>> 

Q 

-H 

4J 

>s  to  : 

O 

M     CO 

in 

ifl 

O. 

r. 

CO 

oas: 

eg    c   c 

u     C 

O 

> 

a   o   CO 

o 

•H     to 

u 

Ml 

o 

4j 

•a   cj  ^ 

•H 

O.  J3 

^ 

CO 

s 

OS     00 

IM 

01 

CO 

a 

,» 

(J 

u 

01 

r^ 

c     • 

V 

4J 

CO 

to  m 

■V 

to 

-^ 

w  r^ 

01 

>N 

(0   ON 

fc. 

to 

•^ 

•H    ^ 

00 

c 

00  a 

to 

<    -H 

x> 

o 

10 

o 

xm 

0) 

3 

m 

U    CM 

c 

•H   vO 

■a 

r^ 

c     - 

00 

3  00 

to 

~» 

i  00 

01 

B  o 

f 

-a- 

o  vy 

to 

U 

M 

-a 

u 

(U 

>s 

u    c 

3 

•o 

-a 

O     CO 

o 

a; 

00 

J3 

c  sr 

c 

3 

O  r~ 

•H 

10 

•H    ON 

J^ 

01 

*J  t-i 

IV 

c 

CO 

u 

4J 

*H 

•H      C 

4J 

o 

CO 

M    -H 

(0 

o 

u 

o. 

o 

CO 

01 

o  o 

X 

£ 

V-  o 

^ 

avr 

•o 

o.    - 

c 

<u 

<    'H 

> 

to 

u 

^ 

to 

(U  vO 

j:  <o- 

a 

4J 

-J 

o 

o 

>, 

o 

c 

00  J3 

>£> 

o 

■H 

c 

■H    ^-s 

CTn 

00 

(J     10 

r^ 

00 

c 

c;  w   c  -u  £ 


.MCL,trt3CL,H3S 


4J    (K     I  ^ 


AJ      (U      Q,  sO    -O 


U      M      CO      O.    O    C7N     4J 
-H     CO     CO     CO    -H    T— I 


u  U    S    0)    o 

C            4J    X     CJ     M     (U  vO 

a)  T3  ^-t  u        o   00  -4- 

Scc0OiJi4-(Vi  m 

0)   to  ex       c        to  *. 

u        lu   >N  0)   c  X  1^ 

■hj::t3CBoo  m 


-)  o 

o 

<7N 

CM 

ON 

D  m 

00 

CNJ 

r-^ 

en 

o 

O 

o 

rH 

r^ 

M^ 

3  o 

o 

m 

^ 

O 

3-  tN 

o 

ON 

in 

00 

u 

u 

to   73 

o 

CO 

r. 

•H    C 

a 

1-4 

w 

H    CO 

r. 

0 

H 

O. 

3 

to 

01 

O    tJ 

ex 

X 

ti    c 

n 

4J 

ex   3 

o 

au-i 

OJ 

•H 

IV 

CO 

£ 

o 

HI 

>N  a 

o 

CU 

•n 

& 

Si    3 

rr 

X) 

OJ     01 

>> 

4J 

CO 

-t 

T 

r^ 

10 

0)  -o 

« 

O    C  ON    CO  X    c 

i-»    -H    fH     0)  (0 


t^  J3    O    C    >-f   TJ 


vo    y  0)   to  -rH  "O 


ON 

u 

u     O 

^ 

rH 

•H   r^ 

■H      10 

41 

10 

t-l      IH 

•H 

4) 

4-1 

CO 

IJ    ON 

MH     4-* 

X 

41 

3 

T3 

■O    4-1 

j: 

e: 

CO 

•H 

T3 

O.  r~ 

H 

J= 

-      >N 

01 

C 

0)    -H 

ij 

41 

j: 

M 

B 

O     . 

4-> 

kl 

r~  j3 

X 

u 

CO 

4-J    -O 
CO    T3 

t-i 

s 

4) 

10 

i 

3 

U    ON 

exo 

O    41 

4J 

o 

r^    4) 

>s 

■H     CO 

o 

^1 

■o 

to 

41 

exrH 

to 

T3 

^O     41 

u 

4-1 

•H 

4> 

•o 

a 

41 

eg  to- 

•o 

r^ 

C 

41 

r-  jB 

o 

0) 

O.   c 

B 

U 

41     41 

ON 

14 

en 

l*-t 

O    -H 

4) 

10 

3 

00 

CO 

>N<4H 

4-1     3 

to 

to 

to 

M 

<r 

CO 

B 

-H 

ja   o 

10    T3 

00 

41 

«  -H 

c 

ex    . 

l-i 

u 

T^ 

ex 

41 

to 

en 

o 

D.OV 

ON 

?, 

a 

OJ 

to 

0) 

•a 

41     3 

Vj     10 

CO 

10 

r^      m, 

•r-l 

14-1 

CO    CM 

o 

>N    .i^ 

u 

rH 

rH 

a.  6 

o 

41 

B 

ON    4) 

4-t 

o 

3 

CO    -H 

u 

41 

3 

CO 

to 

10 

j:   to 

0     O 

10 

00 

10 

rH      3 

CO 

>>o 

10 

o. 

to 

3   ex 

C 

3 

CO 

kl 

U    -H 

•H 

u 

B 

•r-l 

J3   vO 

CO 

10 

ex-o 

j:   E 

41 

^ 

cx 

41 

0 

10    41 

a  4J 

to 

4-1 

41 

c 

41   O 

o 

10 

B 

00  u 

U 

CQ 

tn 

■H 

B 

H 

■H    X 

O.  3 

X 

•    > 

ex 

ID 

I-I       • 

V4 

3 

■H     3 

B 

8 

4-4 

to   J3 

kl 

o 

41 

.H     41 

o 

e 

4)  in 

-H 

U 

><l4-( 

a  H 

M 

41 

0 

J5 

10     M 

u 

j:  n£> 

Xi 

M    4-1 

§i; 

UH 

to 

41 

a. 

u 

(U 

41 

00 

41    B 

4.1 

ex  -o 

3    B    B    41    O 
«    O    O   X    B 


41    41 
rHJ2   J3 


00   a  u   o  UH 


41     U     41    -H    X    X 

■a   o   a  -o  o  a 


128 


House  Journal,  7Mar74 


o  00 

a 

<n  n 

•H 

»          IT 

u 

«    B      • 

u 

c  "a  o\  o 

01 

m 

rH     3  «>  O 

c 

W          BO 

j:  iw  o  -- 

•o 

•H    0)    E    01  -3- 


00   ON   O 

r^ 

00  o  o 

On 

00  <M  O 

O 

o  00  m 

-3- 

00  ts 

.-■   CI 

«• 

r^  so 

o>        -H  ■»  HI 

^H  *J   CO  X 


O    -H       -    (U 


U  00 

'H   00      I 
C  00     I 


o  </>       Uh 


n       -H  n 


CO     00    C  iH 


"    O  H   33   O 


*  en     •«  o 
>   J5  T3    <U 


V>  vO    00 

CM--  -H 


O  "   c 


CO  o  5^  4j 


House  Journal,  7Mar74 


129 


p,t<0 

V( 

< 

o 

<u 

<u  t- 

u 

Si  0^ 

0) 

OO   O  O  l^        \D  . 


J-  -=r  o 

VO 

O  OJ   O 

:ss-^ 

-3-  VD  VD 

CM 

O  t-  O 

O  J-    rH 

t--  u^  J- 

VO 

O^   O 

O  -^  J- 

H         O 

O  iH  CU 

t—  on  c\) 

iH 

C\J   CU 

CT\  CO  rH 
rH  pn 

^1 


Tj     O     C    rH    H 
lU    <i-i     O     (d     Uj 


0}    (U 

0) 

4)    tn  +j    p 

>» 

to 

c  c 

+J        ex 

^ 

O  a) 

4-> 

cd  Vi    0)    0> 

3 

c 

0) 

(1> 

-p  o  i 

! 

01    OJ 

^ 

> 

4-)    -H     0) 

in 

(l<   Ph 

^ 

u 

a) 

c   d   3  j:: 

D 

dj 

s 

c 

a)  .H   II    «  "-I 


t3  -P  M  H 


d   C    (U    0) 

a  -H   t3    C        r^ 
•r4   a    UJ    H)         o! 


c 

•H 

^ 

•H 

0 

•H 

o 

3 

o 

g 

n 

o 

•H 

o 

60  rH 

?> 

B 

o 

•H 

iM 

o 

</> 

^ 

•H 

HI 

lU 

T3 

U 

j: 

XI 

B 

■U 

u 

4J 

rt 

n 

v-t 

h 

St 

;►. 

o 

o 

r^ 

^ 

<u 

>H 

a\ 

l-l 

(U 

C 

J= 

0 

G 

JJ 

U 

<0 

ra 

O 

M 

u 

•H 

o 

>-4 

« 

> 

a«> 

(X 

o 

h 

n 

vO 

B 

o. 

0) 

-» 

o. 

o 

<: 

•H 

VO 

60 

;> 

B 

<u 

n 

•H 

J3 

<v 

4J 

u 

w 

h 

m 

(V 

60  J= 

r^ 

B 

4J 

<»> 

B 

■H 

T-* 

!S 

•o 

T3 

01 

PB 

B 

C 

v< 

<U 

10 

o 

B 

u 
1-1 

1 

O 

M 

u:i 

1 

3 

0) 

PU 

r- 

<u 

t- 

U-l 

o\ 

^ 

00 

o 

u 

0) 

0) 

-H 

1 

B 

60 

•H 

C 

■P 

t— 

^^ 

01 

ON 

d) 

■p  +J  ^i.^ 
o      ^- 

O      ^K     P      1) 

fL,    0^-i..B 
Vi   M   +J 
60         M 
B    C   >    Vi 


_^     put-    C8 
CO    Q,(y\  r-i 


CO   o 


po  in 

rH    rH 


o  t, 

<U 

I) 

M    01 

^ 

> 

111 

^ 

u 

td 

cd         C        +>  -H   <u   Id 
P         <u         w    oJ  n:3   C 

DW+JP<M>^S  O 


m         p^  Vh    OJ  -H    o    --    . . 

p>.HIUBV.O>><U 
C33^»<l'BmP. 
MOO'PWEM  o 


130 


House  Journal,  7Mar74 


O  tN         O  O         u-i  o  w 

o  m       o  o       cN  o  r^ 

O   r^  O  O  O  O  0^ 


u    a 

§ 

-a 

4-» 

jj 

o   o 

<u 

C    OJ 

CO 

£ 

u 

h 

(U  J3 

lU 

c 

o 

u 

6 

> 

O    0) 

V 

>,'H 

c 

•H 

n  ^ 

4J     T-( 

c 

m 

Oh     to 

O   £ 

3 

c 

j: 

™ 

o 

u   a. 

1^ 

a.  a 

CO 

4-) 

(U    (U 

c 

0    10 

lU 

CO     4J 

o 

U  £■ 

0) 

0     CO 

o. 

M 

^ 

D.  u 

CO 

o.  S 

3 

kl     CO 

fl   d) 

c 

4J 

3 

> 

c 

o 

a  aj 

1-1 

n 

h 

c 

X 

T3 

didjco        aojco        c^kii) 
jai-iaoi-i        >       tJ-HUJC 

4Jt.33Cc0C33j;ai 
O    3    MOW    *-<MO     cr*Jco 


4J    -H     O     CU 


iJ      CO      B      >^ 


m 

U   .H 

e 

>*-l 

3 

M 

Pu    (0 

CO 

J= 

ax 

T3 

e 

CO 

CO     CO 

dl 

cu 

•H 

£ 

CO 

■o 

CJ 

ki  <-i 

CV 

c 

CD    CO 

x 

01 

o 

X  -u 

H 

o 

b 

o  C3  »o 

O  O  ON 
O  O  vO 


-^   CT>  -H 


C    CO  <n-  -o    C 


>  en  vD  (MO 


^  r^        Csi 


5)       -H  ""^ 
c  o  m  >o 


(U    C  ^    *-i 


CO  O  <J\   CJ   -H 


»        .   4J     c        -    C 


CO    C 


CO   00  i-t   a> 


h  -rl    CO  ^  -o 

a   >   CO   CO  u 

U    U    CO    d   -H 


I    cu  M  rO 

1  u  M  *->  r^ 

I   C  C  a> 

n  5  B 

S  z  u  -o 


U  c^CC4-l4JMcn<U 

•rtrtOCUOCcUlUC 


CO  -H  [►  C  (N  h 
P.T3  [<  0)  kl  HI 
S    O    CO    u    <0    o.  01 


C   rH     CO  a 

__     CD     CD  U     O.    M 

U14>B3-HIV'1I 


IH  ki  "^    QJ 


c-HSXcupMOtJcoMosxca 


o  o  j:  w 

^    (0    -U  H 


D    H    01         ^-' 


CO    O    CO    o    o    Vj 

CO     CO   fH     h     0     W 
(U     h     CO     Q.S    PU 


CO    T-C     CO    W     0)     CO  CM 

*J   ti    3  O  O   u        ■-' 


House  Journal,  7Mar74 


131 


c     -  to 

■H   T)    •" 

C     0)     M 


l-l     C     IJ    -H 


C  -H    u    to  X 

o  —I  1-1    3  4J 

•H  D.    O, 

u  B    CO   u  C 

(TJ  O     O    "H  -H 


1-.    -rH  u  M  x; 


<T]     <T]     QJ     3     OJ 


W     3     TO     Pl^     to     QJ 


•r^     fO     )-<    -H  to 


C   ^   J=   T) 

to 
o  a  o 


L     (1)     J-l      @     4J 

H     00  a   T3 


O     O     tH    U-i    4-t 


*j      jmjrojoc-H 


o    cu  m   4j 


•H  O     -U 

JJ     4-J    I    -H 

to    c        •-< 


3   4-1    o  -o    o 


<u  u-i   >   10   a. 

Hi— 1^0?^O4-'P^  -H  O  CI 

D-(DC1^AJ.H  104-t^iC>>^n3 

O.    >glO  TJB  -WO  J3 

<ajn]io'OT)OUHr-txiajtuiu 


0)THl-t4_l      (ZLlUm      P      O'-H'O 

IOC  CLg<fl-cr«Hio:3iy-u 

m-HOOi-'tocx       iU4j-h.joj:o 
*-*tocu         o»..         o    u         ^-1    c 

CHNCJ31U       -a   c  '-'   c   u   >, 
M        •HCiu>Bccra-Hoi-. 

.-MOti(U3lOOg4JU-i3 


c 

0) 

r-i 

HI 

0 

£ 

r^ 

c 

CJ^ 

01 

ca 

10 

o 

•H 

■a 

c 

c 

ex 

o 

01 

01 

0 

B 

c 

1-4 

to 

< 

•H 

^ 

a 

> 

< 

a 

<u 

x; 

01 

4-1 

X 

•> 

to 

4-1 

U-i 

o 

0. 

00 

4-1 

D 

c 

t-l 

3 

I*- 

TJOiO-lD-tJCDCa) 


a.  <:    01  -H    to 


AJ    CO   3    o   i-i  i-> 


jz  <t    o    Oi 


IB  r-N 

4-< 

tj 

P.  ON 

c 

1-^ 

OJ 

10 

c 

ac  c 

4-t 

o; 

•H 

10 

ij 

3 

•H 

c 

OJ   o 

z  o 

D. 

10 

O 

E 

0)        > 

£  "-1 

CL  -a 

CL 

c 

10 

10 

M  >> 

O   XI 

>< 

XI 

10 

OJ 

o; 

•H 

CO  -H 


OJ  S3 

•H 

4-1 

X 

10    3 

■H      0) 

3 

o 

n  Z 

s 

o 

o. 

h 

r^ 

O    0) 

T3 

•o 

l-i  X 

0) 

O.   4-1 

o 

vy 

CL 

4-1 

10 

«       S  C       C       X      4-. 

I  x    o       f-H   a>   0)   <u  •H 


cr  *j  pQ    o 


2     S 


CO   (_)     01     to 


10 

to 

c 

-H 

o 

0) 

to 

L4 

10 

01 

OJ 

e 

X      O  -H 


D    -H     3      0)  *-i      U 


CL 

0/ 

to 

10   -. 

0) 

,-i 

CL    Ll 

10 

>-< 

10     O 

4-1 

•H      C 

0 

L.     E 

o 

J^ 

CL  -H 

X 

lU     01 

4J 

c 

O  (3^ 

ex 

0) 

x;   > 

o 

I   ,-^ 

X 

4-1     o 

c 

4J 

o  o 

0)   "- 

X 

i 

M  f^ 

4-1 

>>   0) 

•H   tX) 

3 

c 

C    £ 

3 

CM 

X  <-( 

OJ 

01 

10  H 

to 

-^ 

to  <n 

z 

B 

00 

rt 

CTV 

o 

o 

.— 1 

o 

r". 

r^ 

" 

00 

10  M  C)  1^ 

C  01  01 

O  X  Li  C    r-l 

to  4-1  0)  01     10 

Li  O  X  03     4-1 


B     10 

OJ     10    -H 
L-   H    X 


10    C   1-1    Li 
•H     O     Li     CL 


Li    tH     D  01 

Q.    Li     to  to 

CL    &  -H 

10    O     to  3 

Li    -H  C 


O     to     O    4-1 


132 


House  Journal,  7Mar74 


CO  o 

as 

V£)   O 

vo 

-3-   CO 

CM 

J'  iA 

o 

H  M> 

CO 

0\  0^ 

CO 

■te- 

t- o 
t-  o 

OJ  CO 

o 

o\ 
o 

-te- 

W   ,Q    C 


a-rt  Td   c  j= 


(d  j^   u   ft      tw  im 


fe& 


O    ^     01 


■p     C    ^    Ih 


OJ-MX)  T3'CI«tlDJ3P.+J 


oj   rt   c   o  -H   > 
p,,H    Id  ^  +J  -iJ 


(U    C      -    t<   -P 


(U  <1J  0;    (U 

tM  J3  3   <P 

.H  In     B 

M  ^H  d     O 

CC  O  P.    l< 


<M     W     cd     C    -P 


+J    C   +J    o    c 
•rf     C     'm     01 
-   C     O     p.   B 


^  bD  ^  >• 

(B  (U    O  w  -H 

rH  ^  T)  W 

•H         -p  G  G 

aj  Qj    c  3  01 


<u>^P>hP^PC>>cd<mx: 


O  (K^p.  ptdOJ 

CrH-rHCriEOlrHJHi-HC 


I         o  ^    t3    nj   ■!; 
I  rH    t^    o    o  j::   > 


•H    >         ai    p,  cd  ^   P, 

(fltopjjp<p.  -pe 


tn    01    O    O    in 


t.    <U    ^,   ^    Q)   T) 


<M     3     <U  in 

P-  >^  <s 

01 

W     t,    .P  ID 


tMrH>l<C  ^(UrH-H 

o)ooiuo'atiooo> 


x:  t,  <M  o  +j  c 


p,on     " 
o  t—  t— 

^^    ON  [^ 


a)B'0(Uin3<H0o'    -Moa 


t,  th  p    c   m  j:;   td 
a;    dj  rH  --H  th   o 


*     oip.tMP<HOj:;3;p,<M>o^ 


t.    0)  o  o 

o  u  w  h 

Sj  >>  -P 

3  -d  r-H    c  a; 

o  c  =1    0)  ^ 

m  0)  h>   a  H-" 


ui  "O  o 
•H    c 


a.  ai 
a.  o  -o 

•IMC 

01   ^   e 


W    rH     00     W4 


01    (d  On 

Cd       (U     rH 

01   X 


01  o    c         *J 


01   O 

o 

•a  -a- 

rH      4) 

3  St 

Id   iH 

4J      OJ 

Uh    00 

0 

J= 

•H   O 

c  o 


o 

r^ 

r^ 

o 

IN 

Cv) 

<r 

O 

<f 

-a- 

o 

-a- 

00 

u-i 

<M 

-» 

0)  -H  (0  n 

p  ki  V4  ^1 

Id  U  0)  01 

rH      a  TJ  C    rH 

«   -H  h  01  01    <0 


U     V       '    D. 


O     Ul    (^   IN 


-o 

c 

r^ 

CO 

■M 

l-i 

U 

n 

10 

House  Journal,  7Mar74  133 


■a    u  I    o  vr 


ra    0) 


O'Qu-iQ        oijvi        ^iran       -ju        cock-  "Mcx 

«o-j  •H(u><mroi-ico^       ■Dr~~aimMCiou-ioc'-"'0<utj 

o-<u        acBto        3c*j       xora^,       Taaiaojui-aiuu 

o^;        tio.j:T34-iii-io  a)iJ-H;>,MiuCa)i4-iOQj-H^-u 

2        qajoniMCii)        •h..c:-i03^™j:;ou         nJB?"™ 

nJ».H£-i*-l  3(DrH4J-;r(UO  4-lcr  a4JU-((Ur-lO-00  AJ 

^^    ^-     ■  ■  >.Cy-(E(0-Hr^U)  C  OiTDO]  MCOOlOWOtO 

•HotuooGwcux         ^lUlH<ual(^ia)>-^  E 

o34-iT3aro^ia^-u(U*r-ic>.H-HT3j::    <iJw>>3 

oco-j-H        vj-oo)        -rt  nidi        Docoreo        t.x;t>i.oc 

mo       r--raiiiQ-(UT3u-.ra3j::^x:>mi-i         iicj-HijOoc        -h 

h*JrHrHra«l-  dJ  J=3tO!X,!J<UOOnl  (UnJX  X-OOJ 

o-Hojr)  a-oc--^oowmx;c       .-i^dvjki^u4jt3Scwqj 

mo'^aitNCi-'H        ajc  «T-(o^-'<Taj*H       .h        a)         3DX 


•C              •HTSOBOIU              -HM-lSSpr-l              •<-ll*^CO<n-  •H04-lO<'^"J  <« 

*-'3  ffl30n  nj-I  .-J  —       mm    i    . •,•,,.    ^        ^    —^  .        /^  nimc 


•MmtJHm•r^  tJin3u.f04J-Hr!tj-HO>-.3C^O 

OrHON  3&nJ04JV^  Oi-iOX 


-73 


'aHn5    3oorHUHOci-t+-. 
re 

to     6  0)   rH    00    On 


to  UQJ3tT3'-t^*-'Ci>.(l> 

^       -  -I     O    C    3     l-     g 


V         at  4-1    n3   t,         . .  .  .    ^ 


:^  ■'I  S  ^   "'   °  -^   ^'-^   ™   >   "    >'-^  c   E'<-iuj:   >x   c   £>-    uJXjr 

H      W0014HIM-UX4J      E      to      (i.Xl*J      3      to      O      t04J      QJ4J-Hl4Hf*-t/5*-'*-^ 


(lilOtUljtU>,  tiuu-40NCi->-u  C"  .-HO  C^tU 

TS        tMOMpOyi         QJOiHtotfltfl         ojtom        ^rn         3a 

<U       -  'i-i     <U  T3     U   x:  O  <l)>r^-H  IM 

aj<N>>       x-aco        a)-coooxa)a)>.^5M  o 

"''"'"'" c*-*       xp-to        (U4j(u*j 

•H         a)*-*        Vjinxicto 

ouu-i^-o>H   a)   >x;   In   to 

com  >,^53'5i:;>^-Hjri3ii-H'^^MC°  —  ■''''^-'''"™- 

r^C  «CD;>im-H  (U4JX  tOtUrHSBP-l 

•-t  o       ji:a-xtuto       x:        <u  t-t  -v   iv 

T3  to  tUUO  tMO"HC^iO(UW- 

■o  c  to    -j:   3  n^        a.<r        o       u  t<       ,^ 

Cto  co+Jtflcx^t*-!         r^  r.  .-i-i.T-i 

5^  X  CM  D.  (0   -H   T) 


c;C4-iQ)too>-.too>pL, 


•H     C 

u 

to 

X 

•H   O 

tU     to     0) 

X 

13- 

to 

cu 

TD 

D 

U-t 

c: 

1J 

O    *H 

o 

to 

to   CO 

to   ax 

4-t 

0) 

•o 

» 

•o 

> 

c 

<u 

u-< 

>^ 

•o 

o    to 

V4 

to 

X 

3 

Ul 

*J 

T3 

X 

c 

c 

^O 

a.  rH    to 

t. 

4-1 

to 

<ll 

o 

0) 

di 

s 

OO 

C   ^ 

o 

3 

00 

l-i           to 

lU 

0) 

a 

t-i 

"O 

c 

O  r- 

•H 

C     3 

3   ^   X 

> 

X 

3 

c 

•o 

01 

■H 

•H  ^, 

J3 

dt 

JJ 

•H     V^ 

ai-H 

o 

4-1 

cr 

to 

lU 

o 

CO 

iM 

> 

^ 

4J    i-H 

to 

J= 

to 

T)    X 

to     00 

0) 

> 

l4-( 

1^ 

0) 

o 

-C 

•H  m 

to 

c:  -u 

X  X    c 

u 

00 

to 

H) 

u 

4-1 

4J 

to  ^^ 

•H 

(1) 

3 

O     to   -H 

o 

to 

tu 

•o 

•H 

TJ 

CO 

<1> 

CL 

to 

V4 

p. 

*4H    <J 

3           TJ 

4-> 

lU 

o 

u 

(U 

0) 

(X 

e 

o 

s 

(X 

> 

to 

o 

-0 

f^ 

to   c  c: 

r-t 

o 

to 

Q) 

c 

Mh 

CO 

o 

(0 

J-l 

S^^^'^^^^  QJWOTJtncOiJcO^J-iM^cO 

04-I  -HCUm  *HCOUO»U-I  U-l->  >-HOy) 

O'— I  JjOJ-  cOQijn'Tiii-i—j  */%.  f-^.-i  •H(l)i+-io3(Ud 

>,  *j  ^         -H  y-i    U)    E 
CO    O    +-»  13   ^  3   -r-t 


-oox        coo*JO'a<4-< 


O     CC1.C.U     >'T3     Cl.com4-i 

"■  COCCOOO  WdQJQJ  CO.— lO'H 


f^"""  •*-'^-'~''~''"'^B»-''*'M-j:^CtJ,x;^V13PC3l-<CT^(UcOJi;  C 


T3 

•H 

OJ 

to 

"" 

0 

a 

^ 

<u 

■V 

lU 

V 

tn 

X 

X 

p^ 

4-1 

to 

>< 

•H 

(b 

73 

c 

0 

c 

3 

X 

H-t 

t4H 

10 

0) 

to 

•H 

<u 

X 

•a 

4-1 

rH 

X 

c 

X 

3 

to 

0 

D. 

3 

to 

3 

to 

tu 

> 

t» 

to 

to 

■<r 

tu 

c 

•0 

X 

•    *  c 

00    <■    *H 


134 


House  Journal,  7Mar74 


.H  dJ    60 


<u        -u-oo        re       -H  B 


•r-(aJT3E**^wre^i-i 


(xref—i-T^ajT-i-u        o<ux>-t 
D-xreoj-ow  jD4-( 

0*   (1)  i*^   CL<r   aj   m   m    iH  ^ 
>^  c  -v   (u  r^wcxreoj*-! 

jU    -.-^    U-l  -rt    -H   O     Q.  iH  C     U) 

^^■^         0)         renv^         Mum 
at    re  t;::  ^  ^-n  w  ^  a  ih    ^         "' 

X     •^^    -r-      u     -U  VO      O.  -H 


lU  13     O   u-i     3 


re  j3    re   ^    _ 
3  3  -H    3 

re  c/  l-i  (u  u-4 


Sre 
e 


cr  re  13  -o 

QJ     U     IV      - 

^.   oo  > 


re   e   >  *->   re 

^     O.    O     O  -u 

re    to   u   i-i   o   m 


lU     Qi     U)     IV     (V     U 


tj    re   D   c   00 


^lo  B-Htiom3*j 

re   ti  M-«  u-i   a)  T3  jr 


re  73  4-1  s-*  en   re 


I  -a  £    (u    m   >,  3 
'■'-'>  -H  -I   B 

Vi   X    00   o    c 


o  >-   c  -w  m  c 


i-'a>3:3iv>-.~~^u-, 


a   c  j:  j:  j=  jD   e 


o    o-  re   cu   v^ 
•o   cj   w   re    a.  X    o 


^    00  re  T-t    Q>  -rH  <r 


1^    M    o  r^    c    B  4-1 


'  C  -S 


e       w  u  3 
re  uh   re        to 

O    -u     01 


3rei-H^*-)C>^(ij 
-I  (u  c  3  >-  e 

"^f-)-Hx    QJM-,   re   (U 


&,    0)  in   4J 


"o  r^    ex  01    cu    u    o* 


•rt   O   >   C\J    50 
^^    O    M  CO     c 

p,oo  X  c\j  -rt 
o     -        -  s 


H) 

^ 

t- 

OJ 

c 

O    -P 

c 

J3 

m 

0) 

(U 

S 

•a 

J3 

Q, 

+J    c 

o 

t. 

01 

4-> 

X 

re  o 

OD 

0 

P. 

0) 

•H    o 

C 

o 

r- 

X 

<Vh 

I-: 

c 

0\ 

o 

-(-> 

P(  T) 

m 

o 

rH 

(U 

c 

O      C 

3 

o 

-p 

!-i 

(U 

!h   re 

jr 

0)     I     C    <U  j:: 


C    00  OJ 

u  a  1^ 

O   -H    (U 


I  x:    I    U.4  !»-,  -H  T)  j: 


^     00    Q) 
3  ^ 


i-x   o   o   oo  o  ~-t  H-i   re 


j:  -a   cj  i-.   B   _ 
^  ^   c   ex       re   re 


>v  u-(    T3     C     (U     <U     O 


■U   -H     QJ  T3     > 

c    u  x:  M  -H 

!D  'H  4J  re    OJ 

■H   m  so 

u   o  -o  C   01 


c   14        -w  ^ 


"J  -C  j::  *j  j3   e    re 


%  i 


4-»4jrereo*HQ.*+-t3 


tuuj>_-a         rereoa.-Hi-i3 

OOj;    oa.l«(UU,reiJ3B 

><c4j3(u       tiQ)  g 

Cv-j-oocurea.  >,im     - 
re-o-ooxx:  joo<rc 

ui   0)    oj       r^   re 

g  c^   re  o-  p|£   S   S2  c 
D->j2i.i        coQju-iti         re- 
_    a;    o    a..-!  t3    s         o    oj  .h  -.  tj 
O^g        rtu-.k<rer-im 
Mre3ore        rejD        > 
0.x:  ^  ^   u    -J)  x:-H 

»H    T)   T3     o     IV    SZ 


0)    TD 


3   ^-   X  i«-<   c   cr 


rH      -   O     (U    X 

c   re   CO   u  -o  Qj   00 


U     O    U     IV 


IV    o    u    >    ^ 


wreu'oreajojrx 

•HOre(UQ.>ljutJ 


O   -H    4-1     3    4J 


-  -  Q.  > 

u  >4-i  m   Q) 

4-1   00  di  -H  jq 

W)      C    Xi     ^  4J  Q)      L* 

O    -H             -H  re  J3    -H 

tJ  -o   >,  4J  j=  4-1  x: 


re   o 

B   c 


'Si     r-^      a)     U4    -d-     T3 


3     OO'H    4J 

cere 

•  -H    o    *J 


c   re 


aj 


re  X  14-1   3  j^  13 

4-1  O    •H       ".-^ 

04Ja)mx>oreaj 


(i-3       •'-ia)4JT3mt4_,rn 

aiwvTxit-re 


C4jr^4J    om    ^^ 
w        aj    re  j>H    3   " 

0)   >  4-1  U,   re 
n  x:   a)   M 


1^   re  Qj  -H  LM 


ISi   rA   tM   -^ 


o   a)  j3   i4  x:  X 


H   m 


I  f*^  re  0)  o  -H 
^  >  i4  V4  re 
m  re  re  o.  0) 


O    C   >4-.     m 

u  M    o    3 


c  -a  4J 
o.  aj   c   a) 

3  in  a)  u-  S 


aj  -  c 
a>  ro  re 
c  a. 


D    O    u-l    -H    XI 


to    o        r-^    re 


C     O    U-.  -H 


D-    3   O    rH 


to  rH  in  r^    OJ 

x:  x  o  rg    a) 
H    to  o  o  14-1 


House  Journal,  7Mar74 


135 


7Z     D    T^     C 


*-i  *-*     U  X     O 


f-t  C    'O   •H  X     3 


— I     O     E  ^     O 


r^     U-4 

to  a 

OJ     (U 

H      O 

K    3 

u  -o 

iJ    o 

•H 

u:   c 

e 

■3    u 

J 

5 

c 

>  jr 

■'<  i: 

m  — ( 

M    O    >    ■«    O 


•H  >     O     d 


*^    i-    01    .C     U     U> 


O     C    ;3     U    O   -r^ 


a>    0)  ^    O. 


to  a 

u 

3 

•H    o 

n) 

a. 

01 

•H 

o 

0.-0 

V4 

U-l 

c 

o  c 

CL 

o 

CO 

U    0) 

o 

c 

D.  m 

u 

a; 

o.  3 

a 

c 

<  O 

o. 

0) 

c 

SI 

nj 

a 

•H 

U)   +J 

ij 

<0 

>> 

>> 

e 

n  c 

^ 

in 

3   V 

o. 

^    V 

^ 

<u 

CO 

OO+J 

01 

■o 

3 

■H   M 

JZ 

iJ 

•H  "H  CO  O  CO 

i-H    t3  0)  *H  VJ 

^     C  ^  C  U 

3    CO  Id  en  o  C 

b  U)  ^c  -H  O 

CO  ^  CO  ai  o 

•^  '2  '-'  -^ 

,      V4  C  rH  >  H 


pa   4j        (o    o 


136 


House  Journal,  7Mar74 


+>    ^J    r-i      PtrH 


J3     ^H     M     O    <     O 


o)  tiD  a)  H  (A 

ft  U      ft    >  3 

a;  r  a>   oj   Of  c 

K    O  W    K    rH  -^ 


C    C    C    u 


<H      (<      O      O 

O    O   +J   pt. 


3   4J    C   -rt    >> 


a    a)   iH    O   rH 


ai    oJ  +J  +J 


(U-HrHC+JOCCJ 
rHrHrHl'UlOIUIl' 
•naJcat^CrHfnM 


<Il 

0)   a; 

•H    u) 

bO  +J 

Vi    c 

0) 

0)     (U 

•H 

•p 

Ai    u 

-T3 

43    60   lU    C  rH   -H 
+^   -H  H    O    Ol    S 


a    4)    «J   +j   +J    C 


■U  0)  T3    rH  (d 

n  ki  c   o  <u 

M  O  n    u  Vi 

O  *J  4J  CO 

•H  m  •  c 

I'  U  Ul     O  >H 

t>  sz  a.  <j  o 


4)    3     -T,    c 


•H   n   >  <j   B 

a.    <U    rH     <U    .r( 


0)      (Q    -H     QJ 

M  lu  -a   an 


•o    ta    3  <-> 


OS  u   >  01   la       vH  iK 


■H 
O 

»    ET 

rH     C     U 

ft  4(   C 

C     rH 

ft  (u  e 

O    rH 

3    3    CO 

•H   n 

0)    4J   O 

Ul      3 

<u 

c 

e  jOTj 

ra   3 

re       c 

o.  3 

(I)  rH    <0 

X    c 

JJ    (U 

u  c  lu 

C    10 

C    3    3 

u-l     P) 

O  -u   o 

*J 

X 

(U    v> 

U)    C 

o   c 

H   -rt    H 

m     -rl 

o       a) 

j:      <U  rH 

o.  -o 

O     C  -H 

Q)    c 

C   tH    o 

06    CJ 

10  -H  tq 

n    >  tn    o 


rH      O      C    rH 

0!    I     nJ  -rt 


n 

u 

u  -a 

^ 

m        lu 

<u 

3   mj: 

w 

j:: 

c  <-> 

<r4 

4j 

MtH 

a  *j  c 

-rl    iJ     o 

c 

3 

C    3 

K   ^     00 

•o 

c- 

3    M    C 

>1 

-> 

"  J: 

£ 

b 

li-i     3    u 

U) 

5 

°i  £• 

-H 

>^   U     0) 

CJ3     >^'*'X     >.    tO-H     > 

i-iu)j:OiJj3334i 


House  Journal,  7Mar74 


137 


•H  O    60 


•t-i  c  u  a  la 

o  -r-i   ea   o  -H 


C  O  t—   0)    o 


rH      dj     CO     3 


^    t— CO    «-i      HI 


■p  o  C7\  (d    m 


•H           M 

•H    l/N   M 

In           >    l/^ 

tl  t-  > 

P.           o\ 

p,o\       o 

O             --VO 

(1) 

O   rH      '  O 

U          J       - 

U) 

U        -=f  o 

O.           "CO 

ti 

a 

P,  c    ■•     - 

Ul 

0.         VO  -:t 

C 

u 

a-ri  vo  o 

c 

•X           f-  rH 

p< 

<;            t-   rH 

*H 

on 

> 

X 

O  ro 

> 

t;              in 

o 

0) 

0)   O           w 

o 

Xt     •     '  t) 

rH 

J3  O      «   0) 

r~i 

+>  ^   CO    to 

r-t 

+J 

■(->     -  on  M 

l-i 

.^•^  t^   "^ 

o 

c 

H   t—    C 

o 

«)0\  0\   0) 

<M 

<u 

bO*3-  0\    0) 

<H 

C  rH  rH    p, 

>^ 

C              rH      p. 

o    C  t3    lU   ,C 


P.  t.  O  +J   ^ 


+^  "O  Vh   Qj   oj   m 

c  o  4^  a  <u 


m   -rl     in     0) 


^   <d   aj    p.  o  J3 


c    o  ^.   o   a) 


OJ    0)    c   +J   43 


3  lu 


3    <U 


t—    ^1  t3    O 


O   rH     C     O     CO 

u  01   (U   0)   o 


rH  X     «)  CO  *J 

CO  o  CO  c 

I    U  M     01  01  V4 

i    en  IX  p.  u  o 

:  c:  o.  -H  t(  J3 

I  M  CO   p.  eg  H 


b;5 

s  a 

V-    -H 

0)  -o 

<     O 

OJ    < 

•H    ^3     "H     AJ     4-» 
O     >     C  3     CO 

U    -H      CO     kl     O    -H 


•H   ^     10     Q)     3     Vh 


CO     CJ   X     01     CO     OJ 

■n        X    CO    CO 

C    rH    -O    H  ^ 


rH  j:    >H  CJ\    c    o 

rH     iJ      O    rH      CO 


cn 

O 

o 

o 

CO 

<4H 

•H 

ro 

3 

c 

rH 

o 

•Q 

u 

CO 

*H 

C 

3 

c 

•rt 

o 

P. 

3 

j: 

10 

•H 

■^ 

*J 

»4H 

» 

V^ 

CO 

o 

CO 

o. 

u 

o 

T3 

P. 

c 

c 

li. 

0 

<u 

3 

o 

a. 

M 

B 

CO 

p. 

u 

0) 

p. 

u 

tn 

■D 

CO 

10 

a. 

u 

■H 

o. 

CO 

J3     »H     ID  rH    ^     >» 

Eh    0)  T3  ^1    4) 

£  woe 

"   "M  O   j:     O 

o    o  O   tJ    B 


138 


House  Journal,  7Mar74 


S^- 


o 

00 

in 

CO 

m 

00 

o 

o 

00 

o 

in 

o 

O 

o 

^ 

p^ 

ro 

-a- 

-^ 

o 

>o 

m 

o 

r-^ 

o 

o 

o 

o 

vO 

r^ 

00 

r^ 

o_ 

in 

00 

>o 

o_ 

CN 

>o 

r>j 

r^ 

o 

vO 

O 

CT> 

p^ 

ON 

00 

<r 

vO 

-3- 

rt* 

-H* 

in 

r> 

IN 

r^ 

^ 

■^ 

o 

n 

■^ 

"^ 

rH    in   T3 

«  r«.    c 
u  a^    to 


{^  t^  ■'^ 

4-1 

^f  OS    u 


O  -3-  O 

1-1   1^  00 -H 

D.OS  C  iH 

CL^  -n  O 

<  J.!  UH 

C  -H 

0)    'H  V^  (U 


M    (0  fn    o 

4)      «  rH 


CM  ^   w    ^ 


(U    tij   *->    u    >    c    Z3 


u  a. 
c  3 


o  n 

CO   u 


3    X  u  Ou  oa 


rH       esc 


+J 

U    (U 

d  o 

1)    o 

•H   o 

4J    (t) 

as    U  O 

<"    rH 

p.   " 

a  p. 

<M      O    O 

O        >H      lf\ 

rH     C 

p.-«e- 

H    'H 

c    p. 

0) 

0    <<    rH 

U) 

•H           o 

+^  c 

+J    0)    t< 

3    -H 

oj  j:  +J 

°t 

l<   +J    c 

(u        o 

U)  (V 

S^"" 

C    W 
■H     C 

■H    T) 

X  -H 

13    to    C 

•H 

C    (Si    as 

U  T3 

as    (U 

+^    C 

L<    B 

en    as 

C     U     (U   r-i 


(11 

■3 

<u 

t< 

J3 

N 

^^ 

m 

•H 

-!-> 

<u 

rH 

O 

"M 

m 

01 

c 

(U 

u 

c 

i? 

rH 

at 

G 

iH 

u 

+j 

(U 

at 

•p 

•H 

o 

^ 

•H    al  ,o 

>    1^ 


S4J   ^ 
C    -P 


^^   -P     > 

a>  d  o 
^  o  o 


^.. 


o  ^.  ^ 

p.  O  EH 

p.  <u    • 


!c  >.       o 


House  Journal,  7Mar74 


139 


•H  r~  : 

«-(  to  o 

«-i  o 

O  -  o 


4J  m    (0 
CO  r^ 

•H  <3\   t-l 


O     CO   (Q 

u 

00  13    03 

C    1)  O  ro 


r--  o 


D.O  r 

M 

„ 

o 

<  O 

v 

en 

U-i  o 

-a-   0) 

X 

r-N 

en 

O      - 

0)  <A^  c 

4J 

ay 

en 

J=           -H 

so 

cu  en- 

4J      (U    rH 

u 

T3 

<r 

rH 

DO    CO     OJ 

CO 

cu 

c 

rN 

C     4J    ^ 

4J 

OJ 

»-■  * 

•H    M    J-l 

O. 

CO 

B 

oo 

m 

4J 

CO 

o 

CO    U-«    4J 

c 

n 

^  HO 

a;   o  3 

•H 

CO  O      - 

M         o 

<u 

*->c4-i  en 

o   >, 

00 

o 

j: 

O      <n- 

c   t4   00 

c 

H   CO 

M    CO    c 

4J 

n 

r    T3  cu 

U    •H 

J-J 

3 

3 

CO  3  c 

a  ^ 

u 

O 

Cb 

U    -H 

OJU-i    HI 

U     l-i 

CO 

c       > 

H  aj  ij 

c 

i-m-t   (U 

\o  en   CO 

*H 

•H 

O    M 

£  * 

rH 

4J  o 

en 

O 

o 

U-i  o 

^£> 

o     - 

en 

^ 

cu 

cu  <n- 

c 

u 

</» 

4-1 

»-■  * 

i-l    o 

OO 

CO    (U 

.9 

4J 

*-t 

It 

O   CN 

CN 

o  en 

en 

O  00 

00 

en  r^ 

O 

>o 

<n- 

c  vo  00      ^ 


o  en 

en 

O  -I 

o  >f> 

«c 

en  ^ 

<r 

r^ 

<«■ 

Zl 

M 

V4 

•H     CO     0) 

(U 

«   0  j: 

X 

ecu 

3    M 

4J 

r^ 

3    C 

01 

0)    O.  w 

to 

en 

r-~ 

CO 

a  CD     • 

en 

CO  -H  -o 

O. 

^  X   cu 

en 

c 

4J               M 

r^ 

O   h    cu 

o\ 

C     O   CJ-i 

00 

If^     CO 

c 

-H             C 

T3 

■H 

•H   -O     CO 

C 

4-) 

CO    0)    M 

T)     CO    4J    fH 
<U  0)     CO 

U     (U     O     )-i 


4J    l«^    Pu,    O  4-> 


u     O.  CO    M 


Cm     CO    Of  cm     o  < 


J=  C  3    cu  >M  tH  . 

O  3  tr   (2.   O  CO  C 

•H  U-.  U     CO  >  O 

SZ  ^f        .-H  eo  -H 

u   o    5  ^       -a    CO  u 

•rH  CO  <u    C    >  00  CO 
CUt-llnCXCOO'O-H 


•H  tl     1-1  U 


O     O.    m    •H 


CO    rH 
■H     CO 


CO   ot     CO    4J 


•H     (U      >-,    C 


o  o 

4-> 

^ 

B 

01 

a. 

3 

4-1 

4J 

4J 

c 

i^ 

CS 

CO 

CO 

C 

S 

CU   T3 

•a 

OJ 

O 

u    CO 

•H 

(U 

CO 

4-> 

u 

(U 

M 

01 

ti  j: 

cu 

j: 

j: 

*> 

O    u 

4-t 

(U 

U-t 

CO 

01 

c 

» 

4-> 

>^-a 

CO 

o 

4-1 

CO     01 

u 

•H 

O.  " 

4-1 

4-1 

1 

3C>o*Ha)(UOO<u 


■H     C 

C£ 

•O     M   -H 

c 

^ 

01    4J 

•H 

o 

4-1     CO     00 

c 

^ 

CO            C 

o 

B    >>-H 

-a  u-\ 

O   .O    4J 

-p 

0)   t^ 

4-1            M 

T)    0\ 

3  M    0) 

■a 

C    rH 

<    M     CO 

c 

0) 

c 

o 

P.      - 

T3     ---H 

o 

X  o 

0»  »n 

0)  en 

N  ..  -a 

o 

OJ 

^ 

C  en  -* 

V4 

Ih 

rH 

0)  r-  rH 

u 

•H 

U  ej\     - 

01 

(U 

+J 

rH  c» 

,Q 

Vh 

c 

3 

O  -O  en 

<§* 


rH 

•O    C?\ 

c  o 

0)       - 

a    0\ 

rH 

tl         • 

01    rH 

J3-««- 

,« 

o 

Tl 

0) 

l/N 

en 

rH 

0> 

•«  C>J 

t— 

t-i 

N 

U^«» 

0\ 

o 

tH 

r-i 

V4 

U 

J2 

VD 

o 

+J 

t— 

n 

01 

J3 

en  vo 

c 

£ 

•p 

>> 

0\ 

1 

■p 

3 

P 

•  0\ 
CO     « 

3 

£ 

■o 

t-vo 

OJ       M   Vh    Q-t 


•H     O 

>     -H 

o  +^ 

a 

rH    -H 

0 

rH      CO 

tH 

O     O 

HJ 

Vi     P, 

O 

0) 

0)    -O 

£     (U 

HJ     « 

*H 

■H 

J3 

J3       ^4 

+J 

P4     O 

0)    £ 

>> 

t4     -P 

,o 

60  3 

a)    OS 

-d 

h 

0) 

0)     O 

J3 

P.^ 

CO 

t5        ■»  J3    O 


140 


House  Journal,  7Mar74 


* 

•*  o 

Ov 

oo 

r--  O 

00 

OS 

^  VD 

fO 

CO 

CTv  -H 

00 

1^ 

VO 

o 

O  00 

00 

O    ON 

0\ 

PJ   VO 

00 

-a-  fo 

f^ 

n  r^ 

o 

en 

-a- 

<f>'^ 

tsi 

—lOV-HOD 

•H    «  T3    C 

U     U    O  -H 

CO     CO    O.  <U     CO 


rH  O         t-l  O 

a  h  ki  o  h 

U  CL  (U  o. 

0)  O-JS  iH 


O    >  jj 


OS     C    O    M   *J 


O    -H     O    -H 


M 

K 

m 

T3 

C 

« 

•H 

<u 

^ 

•H 

a 

o 

> 

> 

3 

to 

n 

h 

1-1 

CO 

01 

3 

•a 

■u 

<u 

01. 

0 

CO 

rH 

o 

c 

CO 

*-* 

Vi 

CO 

o 

•H 

m 

c 

J-( 

U 

M 

■o 

u 

0) 

•H 

iH 

a 

i-H 

•H 

u 

e 

•H 

J-) 

CO 

3 

4J 

01 

C 

■H 

l-i 

CO 

CO 

CJ 

§ 

ll 

•H 

<u 

c 

C 

t-H 

1-t 

a 

o 

c 

CO 

o 

<U 

CO 

•H 

TJ 

o. 

<v 

o 

o 

cq 

ai 

<: 

o 

O  Ci  CO  T) 

•H  -  X  X    41 

*J  O   <U          N 

CO  n      i-i  -H 


•H     CO    0)     «    iJ 


3    o  o  c  cu 


+J    C    a    :3  Q    0)    o 


o  u^  to  ^  T)  fl 


ed   a  c  c  m  -H 

•H     CU  iH     <U  CD    H    +^ 

^,    in  J3  p.        ^. 

p.   t,  VO  +>  i«!          0) 

O     3  0\  0)            M 

Jh  ^  ro  4->  a 

Pi   to  <■   3  ^^   t3  -H 

PcH  m  o  1)  CO 

^  O  rH  ^  2>  '2 

0)  t3  fl  CD      "   0) 


CO     <U  0\         *H   -H 


S£>t<-«»00CVJ    o    U+J 


&J-1    o 
Pi-H 


a's 


rSt  >(  iH  +i  oo  p 


House  Journal,  7Mar74 


141 


J  o  x 


O  .H 
O  r~ 

o  o 

\0  -^ 


00  0)   c  r~.    o. 


o 
o 

CTv 

vo" 

ON 

<;  ^O-   J-t    Ct. 


j:   <u    >^•r^       r^ 


CO        _ 


O  '^  Jo 
X  -a  r- 

4J     C    -H 
3     4). 

t-  O    B  <3 
vo  >-  <  <^ 


iH| 

14-4 

o] 

oJ 

nts  by 
d  1973, 
rments 
thereo 

r 

king 
insert- 

^ 

ermei 
Amen 
ette 
lace 

in  fo 
1  and 
stri 
and 

3    4J         CO    C* 

•H  r~    >.    » 

u    lit      •  "       C 

u  ON  42  : 

ON 

(0    (0    u-l     0)    -H 

C         t^    C 

5  ^~.  ON   -H     60 

o 
o 

eg  ^        o 

•H           E»   On 

o 

1-4      C            n£> 

o    m  -1  ^    C 

a-H     -    • 

o 

ion  for  i 
ing  Fund: 
,000  in 
out  the 
insert! 

§ 

'und  Appro 
$300,000 
1,  376:  41 
,000   599 

u   X   O          "O 

n  o  o  00  c 

"*  ^  L^  ,-r 

•H    4J    -^     C     CO 

o-  i  -<'  ^     - 

o 

>sr^  o 
>-,^  o-  O 

o 

Ca             -H    NO 

r-.         c    t*  r~ 


0)  73   c   ra 


B       -H  _2 

•HMOS 


60    11     C     C     U 


OS  O  ^   O   •-'  0) 


CO    c  -1  1^      .  X 


m  o  o  o  o  o    I 

^  o  o  o  o  o    I 

o  «M  o  -3-  o  o 

so  ^  r^  n  ^  4A 

-H       rt  tn  CM 


Q 

O   <N 

rgl 

O   ON 

On 

o 

O     ON 

i 

oo' 

NO  <r 

oT 

^ 

r-4 

00 
CM 

OnOOOOOO  lA 

OnOOOOOO  no 

vOr-iO-4-OOO  r- 

incnr^fO*a"OtA  ^ 

-H  »-l  CO  CM  -- 


O 

o 

CO 

in 

o 

NO 

o 

CO 

o 
o 

n 

o 

o 

00 

ool 

o 

o 

NO   nDI 

o 

o 

CO 

<^_ 

00 

NO 

NO 

o 

-T 

" 

en 

o 

CO 

CLOO   i-H    o 
O  CM     «    oJ 

0._      *J      P4 


01    C  Ji  3  -H  41 

SO  -H  »+4  U  Z 

r-(    4J  4-1  C  iH  » 

CO  01  o  a> 

E<J  B  -H  >^  c 

3  C8    r-(  4J  i-  T^ 

O  TS  1-4    <Q  CO  CO  to 

U-4     <U  60    C  0073  X 

•H  O     O  -H  C 

C  ,-1  ti  ^  4J  3  • 


14-,  4)    Q 


5  o 

'^  On 


4-1  C     41     C     O                    0) 

•H  0>-lb4>734l4l 

•O  41     00     CO     C    " 

C  C604-iOO.rtcO 

41  OCCMV4e04-> 

p.  01  -H  1-1  1-1    o.'H  !E  tn 

M^  4->    m   3              iH 

41<HCOC^4}CO      I'O 


o  S 


j34)0030nO      -m 

4->aauuc/>Xpazs 


o;  to  1-1  CO  41 

1-1      .4-1      tj  .-4 
,OJCS-^'-'4)4l3'H 

-^--dJCV-eoto 


B  CO  CO  to  C  •H 

1-1   1-4   kl   V4   41   to 
4-1  4-4  H  H  O  4-t 


142 


House  Journal,  7Mar74 


C     D   t—    Sh     60 


4)    rH     C    +J     C 


<u       -p   bo  cio  oj   c   <u 
<u  j3  -p  'H  -H  c  rH   (u  x: 
a;   c   c  >  0) 


O      O     CD    tM    +J     ^H 


a)   (U   M    c    o 


+>    (h  H    to    eS 
to  +>  OJ  4J    l< 


•H   (o  oj  +>  -p   at 
^   ^   o  c  oj 


o    ft  Id  ii>  -r-i   m    Id 

OS  -at—  §330 

o    4)  c  0\  E         c  P 
(UUUaSHOOdi 

.C           -H  o    +J    1-3  P 

E-H    cd  ^  ^-    -  c 

w  ••  r-l  <u    <u  Vl  cd 


"  w   tu   (d  ^ 
p    >)       ^ 
w   Si  e  -P   o  <u 


■o  w  <  ^<  -  p 
c  CO  p,  t^  c 
o   >  K  <   {h   o 


<b  +->   w    cd    oj  ( 


e      0)     C  C  rH 

p  -p  e  e  s<  a 

U           (U  ^  CJ 

>a   O    !h  (U  m  +J 

M   +>   .H  P  C  w 

P  C)  O  J>j 


Sh    O   -h  o\   o 


^  ^      s 

t.  On  p         o 

■•-1       l-(       t. 


p         01    t;) 
01  p  p> 


o 


O    m    c   o 


O     (A 


ol'OSi-PO-p'OJj+J 
"  Ph    O  P*   O 

3  -p    >    w         3 
O   tJ     Sh    cd   -H    O   T) 

3   iH 


Eh    -r- 


Vh     C    O     !h     O 


C    o    i-. 


oo<dp.oV(OcdP,iPv 

■HP  O    -H    P  f— 

>>+JOOrH  POOO\ 

'dcdpocdwcdporH 
3    Sh  o    t,    C    t.  o 

ppVH(dojo-pVH(d     »> 
cncnopc-rHwopo 
•rt  o    01    en  -H  o  M 

cajpo-rtCdJp 


^—    Id    p<pp   0,10    p,pio 


"  p   o  u   u   o.  o 

Pn!(UCOQ.OBC 

cpho         SvjS-h 
oj  to   a>   u    ts  o    D- 


^    l4-l    rH    (M     00 


(U  P    p    41  iw  O 

4J    >.        Id  j:       n 

Id   J3     C    -H  T3 


(J  vi   a,  X  -o 


vH    u-l     M     O 


1)    C   -H    dJ    P 


•  o  -o 

Id    0)    Id 


•H    O   P    c  o 


<U    IV  o^    in 


^1  .--    Id   01  o  1-1   c 
a  II   0)    S     -  Id   Id 


■H   c  p    y         o 

J-r^Wft-HOlOOJC 
Id   </>   -H  Id     C    -H    P 

O.  <P     C      00  IM  f-H 

ID   IP  O    Id    Ifl  P   i-H 

TJ     V-     O     Id 


O    P    P     CO  *o 
Ml   U    3  01 

C   U   O    O    0)    P 


1    T3     lU  P 


T3   m   , 
C   IN 
3  <«■ 


0)  sf   c   Id 
C  rv  -H 

O  -I  vH  : 
^1  o 


G.  p  -o  p  in 

o   Id   01  » 

>-<  -H  -H  >^  m 

Q.   IH   IP  P  C 

a  D.  t-(  0) 

<;   o   If.  c  p 

M    10  O  Id 

jS    ex  Id  -H  -H 


j3    in  3  -H  u 

Id  T9  0)  S  O- 

"  S  ^  f^  9- 

y)     D  tU  Id 

Ui   U-i  U-i  i-t 

ova 

O    01  13  P 

p  J=  p  p 

P  C  tH 

i-i  a)  Id  o 


P    C    O    O  p    c 


..,  „  ,  j:  o  c   o  k- 

iDeo.;>S>       moD.j: 
ou   o   CO)   SvHTaro   a   ap 

t^KOtO-OoOMOJ^o-ldldO 


0)  M  c 

b:  >s    -      -H 

.O  1/1  O    » 

moo 
oo    ••  o  •H 


4)  vO  -O 

cvi  a.i-«  c 
t—  to  PO    <9 


O.  01  p 

0^  X  x;  3 

^-  [d    P    (0 


House  Journal,  7Mar74 


143 


O  -H   -d    Sh   H 


C  (I     h  to  vH  ^  OS 

t<    CD  bO  O  to  J3  -p 

O    B  O  Vh  (S  X! 

-p  u  -d  p  o 
ua)P.(U<4-iC<dal 

o;  4J  ^  03  j::  0) 

•H    rH  O    -H  +J  t,  4h 


OP.        0\  tJ    O    0) 


tH    to   a)   a)    oj   V,   > 


P.  ID  p 

n   to  «-i  >H   p,  j3  <d 

o  -H    o  O    (d  +J  -H 

•p  (u  a  >>  c  p, 

oJ   ;^  3  tJ  J3  -H  o 

•H  a>   to  dj  oj  u 

U  fi  P    (h    to  p, 

Pi  H    HI  0)    0)   t3  Pi 

o       xi  -ri  XI  a  a 

u         -P  ti          3 

Pi   •  Pi  a  im  0)    • 

p.u\  0)  o  3  to  i/^ 

<t--ti  ti     tOrH-Ht— 

l?>   0)  p.         CS  S   0\ 

DrHli-l  Pidl      U  CrH 


•H  >   ra        <u  +J   a)  ^ 


■HO     O     t0^pp.H 


jHco-HjaojiiiiDo 

O-W-npS!  bOT3i»H 

C         -HO  0)    C 

n  (u  >        o  p  o 

I-,    -H     >,  p  0)    tl   O 

OJ  Q    g  60        o 

*-t         a)  p  I,    a     • 

*-*pp  a  oC«»- 


^- 


C  -P'0tflPClJj3rH(D'0 

•H  (flO)  tOCP"X;^ 


CD   K         CO  H 


<n    lb 

45 


o  ^ 


i  ^  o\ 


p  > 

I        o 

45    Vi 


to    (0    Q>   -d    ^ 

totopco(Uco-H 
<:it)toa)q)t,a;iHC 

,       rH     S  «     3  ^    -H 

V^otO"        mean 
Vi    c  to  efl  •H  p    Jh 

tl)     3     C     E^       *     lU  to     0) 

P  OOHrHT3D^ 

WbO-H-HOPiOJ  p> 

(3   P   P    tl         T)      • 

fd-HtdaJptu-HCJto 

□    >a(HCj3>aifl 


a)   O 


o    Pi  o 


to   H   li-i    O  -P    Pi 


h  p   <u 


to   c    a) 


o   u    1^   al    a)    ^ 


r-H  a)  a  -H 

a  H  ^  j3 

0)  x:  to  tl  Pi 

a)   o    to  o  ^ 

•H  S>.+3  +> 

^  C   0)  L  u  to 

W  ^    4J  OJ  (U 

I  i!  .2 :3  .i^  S" 

B  +>  o  to  "d  a! 


144 


House  Journal,  7Mar74 


J3    C    a)     ^1    cd    -P   rH 


o  -a 

1 

+J 

o 

+> 

<U 

-->  c 

•H 

^ 

C 

+j    aj 

4^ 

si 

+j 

4^ 

4-> 

Id 

a> 

-p 

o 

OJ 

O 

c 

t) 

o 

3 

r-i 

aJ 

V 

U  '-~ 

.o 

■C 

fi 

m 

t( 

XI 

fh  rH 

a 

D 

c6 

M 

O  ^-' 

Id 

>> 

^, 

O 

o 

U 

a 

A3 

■*H 

rH 

O.    ' 

+J 

ii 

H 

■p 

01 

<U 

p.— 

■d 

x: 

P. 

^< 

P 

<a  d 

w 

(U 

+j 

P. 

v 

(U 

cUM  il)csj::0         ^^ 

«     ^^  -P  (U     W    p 

«)rH  OiajViOptntM 

■dCJij^pn-r;         CO 
c         m        Id        p  ^   o 

PC>rHS  OO-rtO) 

O    -H    rH    'H       •     •>    -H    p     C 

V-t'H(l;aJp    toB^oo 


Cr^|«G•H^^>Vl 


POlC'OCOP.C 
ed  tJ  -H    (U   o  'H        .H 


[t,   +j    ^^l  -.H    0)   j::  Id 

■H 

(-^            tn    "in     O     P 

+J 

H      <l>    <-H      Pj           ^->    H 

V. 

edocriOCaJo4)ti         n 

(nX^ciH-HBCMP. 

0)   aJ    HI    p.  -r-i        o     •   0) 

TJ  T.P.CQJ  t<t<MP 

<u     -(i.'tdopa)op.cc 

tj-,  t~  '<-^       -Hcd^i        p.oa) 

OJ         r^Pp(^)Ca^•H>• 


H)   "O   P   ^    0) 


p   OJ  -3-    ^   <M 


+5      (U 

o  P 


M)  4) 
0.-H  p 


+j+5(U3a!tJC-HrH 

-       -         -     -  +J     0)    p     p,pi 


+>    lU    0)    c 


P   +>    CJ    o    c 


c  j3  0)   (U  +j   o 


oi<mrtO«)T3Ciupop 


>>  C    >,+><«    0) 


^^    ti   P     o 


rH      W      O    -H      C 

^    oj    O    ID    0) 


I   P   P     P,  JU 

;  c  cd  c 

I   t-1    C  P> 


C     <M     13        -         - 

Jh  0)  P   j3    cS    >>   X 

0    >i  u    in  *^        P  -H 

PPTJOJ^OOJtO 

V.  c  n  o  p  c 


c  Ti  4J  vi  x:  OJ 

ed    <U    <U  ^ 

rH     t<     t<    "O     dl    p 


&.H 


OlVl      Cd      tli)t<!H<HC; 


__    0)    (U    (U 


PICO 


oaj(UHj3^,c    --^jq    i. 


CTJOrHfi,!-,  PD<M(Uld  'OV.td 

"       "  rH  0)     >»  il  j3  •    -H  m 

o   <upH   >>pi    >>p+J3   a;    >, 

<i-lX:m!-.rH  rH3cd  OlrH         - 

4->a)(Ut,<i-iSHO  <u  u  tc 
w  >p(DO<uuix)+^t3DajC 
td<r-ij::M+j        p        cacp-H 


5g 


i<    >    (1)    C    oJ    o    O 


p(U(UO,cu-Ha)c^        n)>iH 


(S   tH    U)        ,Q    C    C 


0)    O    3    >>  i<  P   <-> 


o  T3    m   !>>  4> 

rH     H;     01    rH 

H  p  -d    '     ' " 


W!HC-»SHO)ti-.CVi 


^    0)   P    OJ    c    c 


CJ    Vt     O   T3    P 


djcpowoaoi-tp* 


^fc. 


o  c   m   <u  -o 


c   td   c   o  o 


«    P>     O    4^ 

o  t,  c  c 


Oj     +J     r^     +J      (U 


c   v  V   >t    • 


•H  P    O    60  T) 


Xcoed'dx:(d+J,cwpVr 

4JrHrHCp>OtJ  Co. 

iH        3         i<dciu-HC(ua> 


t3   c  p    0) 


00D.C300O 
Pio^Hpij^^p    cd 


^  p  t—  Tj    CO   cd   (O 


>•         o  -H    t<   o 

•H     ti    +>      I,      p. 


«)  -d 

(u  c  c 

j=  o  3 

^   w   cd   ft  p   c  Vi 

cd   3    P. 

m    m   m    cd    o  +>  iH 


11    3   C   t,  j= 


a;   cd    OJ    0)    3    ^1  <i-i 


4h 

HI    rH 

•H 

P. 

> 

.j:j 

CO 

n 

0) 

O 

.c  ,o 

o 

£ 

ID 

0) 

-H 

p    cd 

T) 

■a 

s: 

O 

■g 

•d 

OJ 

*M 

M 

p 

C 

c 

p» 

c 

c 

o 

U 

^   en 

Cd 

Id 

cd 

Id 

3 

X 

01 

as 

+J    <u 

•o 

6 

(U 

j: 

rH 

"d 

<u 

a 

rH 

?  ^^ 

c 

<u 

TS 

>> 

c 

O 

>. 

3 

•H 

CO 

Xi 

5 

*H 

e 

TS 

•d     tr 

«H 

o 

s> 

<u 

cfl 

•H 

(U    <u 

P. 

o 

rH 

■2 

■o 

p  ^ 

<U 

^ 

^. 

c 

•H 

c 

73 

C 

§ 

ft 

3 

fl 

n 

ID 

o! 

Ul    +J 

ft 

> 

T3 

u 

o   Id 

U] 

-d 

to 

01 

t4 

3 

P..C 

OJ 

cu 

0) 

p 

T3 

in 

Q 

V 

■d 

,c 

-d 

lU 

<0 

m 

0 

ja-dTj   cpu^c   "d 


>>,Q  <«   ;C    O 


ft  a  o.  ti  -o 
X         o   o 

0;      0)     U     10     U 


■d  r-  OJ 

<«  ft-d 

01  o\  ,o 

n 

Ti     rH 

p           OJ 

C              rH 

C    0    > 

to 

0)     4h     rH 

3    10    O 

j: 

ft  O   a) 

2^-9 

to 

X(        .c 

a   M   rt 

3    to    01 

cd 

(0 

> 

>^    0) 

v< 

01     OS     10 

H   J3    J3 

to 

,o  1-J  -d 

M     0)    U 

iH 

c 

3     M 

o  <M   5 
p   o  v< 

cr   0)  >w 
0)    J=     O 

O 

•d 

•5^ 


o  o  o 
o  o  o 
v£>  l/^  t-- 


■:^    ^ 


CVJ  o  o 

o  o  o 

r-1  \C    ITS 


ip      •  ro    0) 


-'^g 


=       nH  0) 


«)  t-     OJ    tM 

a  o\  x  o 

•H    rH    +>     OJ 


C    rH     3      O. 


M    l/N    C     O 


aeo)j<arH4>o 

O    O    0    0>    OJ    QJ    to 


g   1^  OJ  p   ^  Id    c 
o  OJ  a,  o  d  Jh  w 


d   t|H    OJ    OJ   -H 


"3  -H 


■rt   >.p  a 


House  Journal,  7Mar74 


145 


o  t— 
o  0\ 

ON 

iH    00 

O 

o  t- 

tJJ 

O  ro 

iH 

o  m 

CO 

iH  ro 

J- 

t— 

-te- 

C    d  O  01  m 

»  ^  i  u 

+J     P,  4^  H  O  -H 

C    X    C  CO  -H  ^^ 

a>  oJ  o  CO  v  d; 

ao  c  ^ 

r-i  o  rt  CO 

^     4)    ffi  ^  rH  -rf 

:3  ^  te  o  +J  1^1 


^         I 


^         § 


<u  P^       a  — 


ri     4)  -P     C     X    +> 

(SO         4J"a!4)a)'H 
■•COj^iCrHVa  Vi 

4JOStltl(UC0Cl.Vif 
bOCO[,Ah>  -rilUC 

a)    h   u  +^    Ij   0)    C 


^^(^; 


^    i 


11  va 

+J 

O 

t- 

oo 

<tH 

HI 

o 

i 

oo 

ID 

o 

t-- 

<U 

0\  J3 

•d 

iH 

4J 

t—  i/N  cy       o  o  o 

M3  O  CJ         O  O  O 

lA  o\\o       o  o  o 


O  O  O  C\J  o 
O  O  O  VO  o 

O   O  O   rH    O 


o  o  o  o  o 
o  cvj  m  o  o 


oj  ir\  lA       00 


o  vr> 

•H  t-  • 


j:  t—  +>  o 
+3  o\        ») 

rH    +J      CO 


°5 

to  a 


a 

o 

a 

+3 

ti 

(d 

P 

u 

41 

■o 

o 

V 

^ 

9 

o 

ID 

w 

4> 

^ 

1 

•H 

J3 

1^ 

CO 

•H 

1^ 

M 

^  Tl  CO    tiO  bfi  O 

3    C  -H    C  O  -H 

4->   al  4-1  -H  b  +> 

•H  >i  p,  -H 

13    +J  CO     O  01 

C   ;3  ;5   o  >»  -H 


ti   a  H  +>   O 


4)4>C0  P4^qaJ*HC04)'d 

hmm>       4}-H4iac(40)afl 
4)4J^ata39J30a)4ij!«cd 


H    4) 


i<    £!  H  +J    O 


^^-^ 


'^^. 


146 


House  Journal,  7Mar74 


» 

01 

t-CO 

OS 

O 

O 

t\l 

03    l/N 

U\ 

O 

a> 

r^ 

CO   00 

on 

O 

-^ 

f-t 

O  VD 

ITN 

LTN 

o 

vo  -a- 

-J 

*9- 

vo 

t—  00 

00  ir.  o 
PO         o 

as 

rH    CM 
vo    rH 

ir\  on 
■ee- 

(\J         o 
CO          -3 

o  o 

vo  o 

CM  O 
u-\  O 

VO 
CM 

0\  LTV 
UA  CvJ 
vo 

s 

■tB- 

■(«■ 

CO  o  o        o  o 
moo       o  o 

t^   l/N  O  l/V  rH 


C   -P    O    ^H  C3v 


T:)     O     O    ^    rH 


Cm    -H     O     <U 


oj   Cm    <U    (D   'H   tJ 


c   ca   c  iH  +J   o   B 


•H  o  e  <u  0) 


+J    -H     0)     C      ^ 


<uOh   ;=i   >-iHO   cy+jm   o 


O  +J  H 
CO  Cb  'H 
■H     >    Cm 


B<ua.o3iHMo 


Id  -H     W   -H     (U 


CrH    -H 


o  o  o  eg  o 

l/v  O   O   fH  O 


rH    LTV  CO    l/NCO 


O     rH 

o  o 

O.I 

O  CO 

o  -=r 

f\; 

CO  CO 

rH 

o  o  o  o 

o 

o  vo 

o 

o  vo  o  o 

f  1 

o-=t 

d 

O   O   O   c/v 

o 

o  vo 

o 

in  oj  H  ^ 

l/^ 

CM  vo 

L/\ 

rH            HJ 

rH 

o 

<u 

M)-^ 

c  o 

C7\    Jh    O 

rH      Q      01 
■m    .-J 


HI    o    a    (U    <U    (U    to 

60    to     (^    J3     Vi     > 

(d  ^  lu  4^  i«  0)  a 


+3 

rnJ 

s 

(U 

tn 

a) 

•H 

cd 

c 

•p 

> 

■o 

<U 

XS 

O 

O) 

t< 

c 

C 

+3 

Pi 

dj 

+J 

Id 

-d 

Id 

Cm 

0) 

X 

Q 

■p 

f? 

Id 

<M 

p 

o 

s 

o» 

4) 

0) 

>> 

Cm 

ft 

y, 

p. 

u 

V. 

^ 

a> 

V 

+J 

OJ 

PC 

o 

t. 

,o 

4) 

^ 

a 

g 

1 

o 

0 

4) 

Id 

Q} 

o 

o 

u. 

h3 

Q 

iJ 

m 

&iii 


ti  "d  •« 


S         § 


P  +J  >)'A 

-H  'H  r-f    C^ 

in  01  d   <J\ 

O  O  1-3    rH 

Or  O. 


House  Journal,  7MAR74 


147 


iTi 

rH 

CO 

iH 

t~- 

-=t 

OO 

Ch 

fo 

J- 

rH 

<M 

• 
O 

^ 

m 

u 

m 

M 

pi^ 

■«« 

-» 

-3-    rH   O 

o 

O 

o  t- 

rH           O 

o 

O 

O  OO 

-3-           00 

rH 

1    O 

O  CO 

iTN       in 

iH 

^ 

U^_3- 

Vi5           CO 

rH 

rH 

■(->    C    X  +J 


U  -p    ^    d    C 
Ph  O    3  >.  M 
O   Eh 


01  2 


3 

o 

» 

a) 

0) 

c 

-M 

aS 

'^^ 

o 

•H 

M) 

C 

C 

Hi 

tn 

c 

t-i 

4-> 

O 

w 

+^ 

(U 

O 

g 

«> 

11 

<u 

m 

Id 

-d 

4-> 

m 

x: 

u 

> 

•o 

o 

c 

c 

u 

(U 

■p 

u 

a 

c 

0 

<u 

0 

Id 

V 

CL, 

o 

8 

u 

M 

o 

■fj 

•o 

<d 

a. 

Eh 

<fl 

01 

^ 

E 

3 


O  CO 
rH    CO 

o 

-a-   rH 

On 
vo 

u^  o 
o  o 
t-  o 

O 

-3-   UN 

o\ 
■to- 

O  l/N 
VO  CO 
O  0\ 


0\CO 

OJ 

-3    rH 

■es- 

-(*ll     (fl 


+J  o\  o 

oJ 

C  ro  o 

m 

0)  t-  o 

f-^ 

Svoi/! 

rH 

o  ro  cy 

M3 

u  t— 

t- 

O 

<(H 

c 

(U-e> 

■ee- 

CVJ 

<M 

C\J 

rH 

C 
O 
•H 
CO 
(0 

■fO- 

•H  •» 

^   -^ 


+> 

p< 

01 

o 

(U 

c 

HI 

HI 

+J 

-d 

^ 

..  i 

a 

<H 

3 

o 

+J    U) 

u 

0) 

Ih 

n 

u 

•H 

v 

c 

O 

O  -d 

0 

A 

<u 

■d 

ft  c 

S 

s 

m 

< 

D 
•r) 

ft  id 
ra  j3 
-d  -H 

■d   >> 

rH    1-3 


o  o 


a  b  <o  c 


>>  C    <d  H   -P    O 


•H  rH  >H  0)  (d  c  d 
li-1  OS  OJ  Hi  >,  M  O 
"in   CO   Ph  Eh 


H  — 


148 


House  Journal,  7Mar74 


o  ,0  ^^  p.  c 


•0 

(U 

^ 

u 

3 

p. 

0  t3 

lU 

0 

O.'O 

+> 

oj 

^  1 

<M 

(U 

^ 

p.  CJ 

^ 

-p 

0)    +^ 

T3 

-a 

g  *" 

Vl 

+> 

^ 

c 

C 

n 

•H 

a 

^   <u 

<U 

d 

11   rH 

v. 

-i  § 

P. 

P,  a) 

>. 

0 

X 

c 

b 

■3 

^ 

*    iH 

a> 

0 

>.  m 

w 

0 

ra   p. 

C  TJ 

0 

10 

3 

S 

i«-i 

(0 

d   (U 

0)     to    rH    -H     O      m 


^  "^ 


OH    10  O    P  13 


•H     0)    O   rH     d 


•H   iH     OJ     O     J^ 


0)    -d 

P<  c 

01     <M 


U  iH     C     fn     0)  -H    ^ 

■H  iH<ua)Sd!H04-> 

3  ->>       oda-o-H        o+JG 

crojcoor-j       +j        xoi-pcuioa; 

4J^^t3C03  +^0)^  00)06 

^.dC       •-joj-od  iH        t<        +3 

p,aO)  jqO)X!llOrHrHO)P,C(H 

rH0lViCC+Jt.+JCr-(dT3  Od 

HVh  Pd  d  •H«a;  dco  p^ 
dp.i-i>^^>>p,0)-p  +J6d  I  0) 
«         d4^^g;Hd         d  o 

eoot<«H  03P.-        0)->> 

-PO>0^tT3tJ(OTHn30)^-prHO) 
—  --  -0OJ4J  t<t,J3 

•H  -o   d  +^   o   0;  +J 


•H  c  Vh   d   d 


>  -d  -H 
oj   c 
•H   d 


^<  iH    I    3   0)  ^,  o 


-pdciOS^d-P 


+J(-,^0)C^O0) 
d   d   S  ^    S 

0iP.<H+>tH0)+J3 
iH0)-H^,0)^CO 

,D  O   d   d  H        o 

d  >      P,rH    rH    O    T3 

+J    OJ    d     0)    O   iH 


Q^Hd'T3dV<0J+J 


o  O    (0    oj    p< 


c   d  o  o 


oj   d   o>  H  o> 

B  +J  -p  -r-i 

0)    m  +J  >,  > 

•i-l  rH  0> 

S  d  t< 

P  1-0 


C    <M   r-t 

*H         d 


0)    01  +J  H 


(0    0>    ^    0> 


O     O     t*   T^     0) 


^30)       Vimmd-t-iHtH 


O     ^     CO    -H    o 
rH    O     OJ     d    P«, 


sg 


E-1  <iH    Vi    0)  <    P, 


d  (1.  -H  j2   o   to   K 
d    ra  +J    e  -r- 


^  ^   o  fii  tS    d 


,Q   d    d    to  H  -p 


Vi   V(    t<    P  t3 


0)  ,0    C    >         f-i 


C  S-i!-.dCli;>co 

30JM)3Q)O'OO 
O^  +Ji-i-rtCOH 


OJ    0)  rH  rH 


rH     0) 

P 

0  -3 

c 

rH    J5 

+J 

<; 

•H 

d    4-> 

•H 

rH 

e 

rH    Vh 

1^,     0 

^ 

<     0 

0    +i 

3 

CO 

H-> 

-o 

60 -d 

•     C 

u 

C    OJ 

■a 

PO     0) 

0 

•H    -p 

c 

t-    E 

0 

■p    d 

d 

0\  -p 

01 

(0    0 

rH     Ih 

V. 

•H     0 

d 

rH    rH 

f- 

-    IX 

0> 

rH 

o\ 

0    OJ 

J3 

d    d 

rH 

rH    0 

p 

rH    1-3    13     O  H 


■d      O      ^,     C     CO 


it:- 


o    CO    q;  ^ 

0)     11   "-0 

^.    t.    O  ■«    B 


p,   d    +J    ,0  rH    < 


P    O    C    0)  -P         -n 


vH  O     P  J3    0)    O 


O    pL,    -H   "d 


1/N 

t— 

C\J 

Ol 

0 

rH 

CM 

^ 

01 

0 

C\J 

CO 

M 

P^ 

■«* 

0\  0  H 

p^ 

CNJ-3^  -=r 

(J\ 

t— ^o  en 

t- 

cy  t—  C3\ 

CM 

rH   t-i 

moo 

rn 

rH  \£>    0 

c- 

CM    C>0  0 

l/^ 

C3\^    l/> 

CO 

C3N  t-  <M 

o\ 

on   rH 

l/> 

CM 

f- 

CV-J 

C^ 

0 

rH 

CM 

^ 

0 

0 

cy 

ca 

«H 

S 

\0  -a-   t-  O         CO  c 
-3-    CM  u^  O  t-  C 

V£)  C\l  CO  lA        \£i  CO  00 


CO  VO  CJn        \£) 


en  c>-i  u> 


^t  i 


0)    -p      Pi    CO   T^ 

C    X  +J    d  t3 


aoioip.iHO>t.b 

(^^^l■H0)C0)O 


0)   >    o 
CQ  6  < 


^    § 


^ ..  i    i 


^    § 


■d    rH     C   H 


d  0)  A  V 

a  ■«  CO  c 

■H  01  -rt  0) 

+>  pt.  d,  O 


House  Journal,  7Mar74 


149 


« 

4J 

01 

4J 

(U 

41 

D.  .. 

c 

IM 

M 

<W 

l-l 

tiO 

•H 

O  t-l 

l-l 

4J 

•H 

m 

41 

u    C 

o 

o 

CO 

X 

g 

^ 

3    -H 

01 

c 

°  g 

3  iH 

•H 

D. 

M 

O 

ja 

o  <g 

•o 

% 

4-> 

60  iH 

i3 

> 

(U 

O 

>s 

C   ^ 

m   O 

to 

X 

41 

C 

^    O 

•H 

-U    M 

3 

OJ 

ja 

0) 

J^  •n 

3 

C    O. 

U 

u 

•H 

m 

4)    CX 

01 

41 

l-l 

h   41 

I," 

Xi 

^ 

o 

iJ  X 

o 

iw 

nj 

(0    u 

C 

ra  ^ 

o 

O 

41 

j: 

O.  4-> 

m 

x; 

u 

T3 

>>>" 

a 

•H 

iH 

4-t 

41 

Jl    o 

«) 

>.   S 

to 

3 

c 

•a 

4J 

J3 

<  a) 

O 

T> 

o 

c 

"1    M 

:> 

>. 

s 

41 

m   OJ 

•o 

t 

j3 

*J 

& 

•■  x 

o  o  -»| 

in  o  001 


u-l   O  ' 


h  l-l  41  C 

nj  -H  j3  3 

■H  £  «« 

U  (0  iH 

C  e-iH  01 

4)  0  «  ■r^ 

•H  ac  a  H 


Tl    (0    o    M 


2 -a 


1-1  .q    41    3    C 


u   n]   a.  01   o 


Z   -H  iH    41    « 


l-l    to    ID    c    n)    u 


a  C   vi  -.-I  T-i 


.,  §  S! 

O-  O    Q 
O    O  X 


O    O    41    <0    <«    » 


"    s- 


tJ  -H     C 


to  ' 


kl  iH    u    o    6 


01     « 
41     01     41    -H 


01     l-l     C     «I 
4-1    4J     O     ^ 


tj  [JO  O     to    "H 


00 

r~  00 

m  u-l 

O 

o         >« 

-1  iri 

Oi  o 

o 

in         0 

fO            01 

•* 

\D   ~l 

a>  rt 

00 

•       u 

u-l   vO 

n  00 

-H     >,  41 

vO   -1 

t-* 

^•^f 

t-l 

B   M 

«■ 

O   l-l    41 

U      -   O 

* 

■ri  't  a 

vO 

:::§ 

u-l  ul 

1 

Ij  CO  r-l 

00 

P^   CM 

1 

PL,    ..    o. 

m  m 

u-l  <» 

VO 

41  r-.  c 

■a- 

-H  00 

(O  r^ 

4-1  CO   -H 

00  r~ 

CO  1^ 

10 

m  fh 

4J     •>  bO 

w  n    C 

n  CO 

vO 

O  <Jv 

(7> 

u-l  u-l 

o^ 

VT   u-l 
ro  en 

s 

-1   o 

<«■"' 

<o- 

i     3  @ 


o       o  o  o  o  o  ■» 

O         O  O  O  O  O  ON 

u-l       o  o  m  o  o  i-~  ' 


m  -» 

r^ 

r--  O 

r^ 

0\    (M 

Ul  u-l 

<T   -1 

»o 

-4    O 

«• 

«• 

—4        M  4J  o:  ^  • 


•  1+^     4J      > 


*J   -5  "O 


(J  \0    (0 


(d  'O  4-1  C3 
01  c  3  -H 
M    a    O    3 


4J    "5 


•H  u   u   n   m  -H 
T)    <0  01    3    4J 

(•    M 14-1    oo  o    (0 


•^     01     to    -H    •H 


<o  u 

c/1  O 


01    0)   "O    01    o>  O    41 


O  i-t 


o  3  [«4  o  crs  04J-<i;owwuca 


iH   i5     3  «• 


150 


House  Journal,  7Mar74 


I  on 


o  oj 

CO 

uj 

O    ON 

o\ 

cu 

ON 

t-  C\J 

o\ 

^o 

rH  OO 

o\ 

o 

Lr\ 

■ej 

■««• 

\o 

OD 

H 

H 

t— 

f- 

'     1 

iH 

rH 

•««• 

•» 

J    t- 

cy 

ir\  cvj 

CO 

t-^rH 

ro 

t^  0\ 

f- 

cy  pj 

C\J 

lA 

-to- 

rH  O  rH  CM 
OO  O  l/\CO 
O   UAOO   ro 


*»  -(J       K^ 


V    U 


<u  (d   ^  L< 

*^  u    i)  (U 

0)  11    T3  C 

B  P,  lU  4J  H 


>H  A,  o    t.   a) 


al  <M   c   X  m  'rt 

4->     O    0)    0*  4->  V4 

in         g  c  u 

+j    a  Ih  a)  c 

C    3   -H    0)  >H  4J 

MO  3  j::  o  m 
•y  +> 
w  o 


o  ^.  (-. 

CO  W  (fH 

-a  O  H     <U   r-| 

(U  -H  a!   3   a 

+)  «-,  ^1    C    V. 

CD  ■<-!  01    <U    CJ 

B  O  ■«     >     C    rH 

■H  a>  oj  (U   oj   Id 

+>  p,ft.  cc  o  +J 

u  (»  o 

W  EH 


t-co 

-3-    O 

o  o  o 

O  CO 

CM   CM 

O   U^OO 

rH    0\ 

<7\0O 

t— VD   l/^ 

MD    ro 

CM   CM 

_^ 

rH    H 

t-  rM 

OJ 

■•» 

I     • 

rH 
i-t    rH 

■<»      HO- 


.0  -rt  o 

+>     Al    <H 
CO    -H 


CVJ  \0 

CO  o\ 

MD  -3- 


SI:; 


0)    O   -p    p. 


(d   i>   0)  ^   > 


5<§ 


a;  +3  -H    I/) 


■p    ••  +j    O    D 


S  +J 


•P    p,  ti    a)  -H    c 


3  ^  O 
W   O 


S2 

o  ^ 

10  -H 

a)  rH     ^,     t, 

p   a)   a>   01 
*    h  -c)    c 

a  P     11     OJ    rH 

•H  a  pL,  o  Id 


UJ      u>      »H    'rl      U'      M      IV 


House  Journal,  7Mar74 


151 


88- 


rt 

o  o 

IN 

^ 

O   Ov 

O 

vO 

O    00 

r^ 

-f)  rj 

O  -O  -H    u 


01  ai 


o  o 

rt 

O  00 

a> 

r-l 

<l  r~ 

r^ 

fO    IS) 

r^ 

n 

<j> 

lU 

o  a 

•J   SI 

ki 

0) 

w 

•■  U.4 

ffl  H 

0)   a 

o 

a 

>^           >- 

•o 

£    0    M 

•H 

•H 

O  O     O 

4J    Wl    o> 

u 

o>  o 

«    • 

aj5     • 

I 

O. 

>  »-> 

c   a  u  1/^ 

o 

3        -rH 

■H     h 

T^    a    o  r^ 

•n 

l4 

o-in    B 

a   3 

Ov 

o. 

C  -H    a 

ss 

a   «   >^-< 

a 

^  «>  o 

•O  -H    c 

« 

a 

rH        a.  j: 

c  X   a     - 

C 

01      .   o 

0>    rt 

^ 

>-,T)   -o    1- 

u   a 

ui 

V    c 

a  M 

73     O 

■H 

V 

•a  4J 

a  o> 

l-> 

b 

§^  " 

0   c 

u 

u 

"  S, 

£ 

U    (M 

•a  01  >-> 

q 

0)    o.  o 

01 

B   01    a 

o  4J  3  r-( 

0) 

B    O 

u  in 

S 

■H    li    u 

-H  r-. 

I-    a         -rl 

t-     B.  C 

*->  a< 

>u    -H     M    U 

'^ 

01 

"    ^g 

g- 

I-   o   c 

A 

01 

e       a 

•.-,    (U 

g  o  -o 

a  w  0(  o> 

o 

^ 

O    0)    o 

ji 

4J 

t- 

•o  ^ 

rH     4J 

I-   a  ki    a 

ID 

c   c   oj 
o  3  > 

a 

k'    O.  bi    o. 

Ul 

c   o 

a   a   o(   a 

•H    «-"     0> 

■g" 

3            U-(    r-t 

o 

s 

«       -a 

0)   a 

«-> 

01 

■rt    c 

a   a   c  u 
■H  -H   a   o 

4J 

•H     0)     0) 

u   0 

c 

a 

1  •=  ■= 

O    -H 

^  e:^  '^ 

o 

>> 

g     4J     U 

(» 

en 

o   o 

a   (A 

so;        -H 
S  j:   0)  rH 

4J 

O             li 

.■y 

a 

<g 

>^  o 

wi  »->  ^   a 

0)    U  0)  (M  *•  o 

tj  -rn  oi  a  •»<     • 

he  O    B  <-■  M>  u 

01  o  b  w  c  01    • 

^  u  o.  a  a  etf  z 


a  u  c  oj  01 

rH  B     -H      C    "O      C  rH 

a       •H  uh  a  ot   01        a 


O    C    tH 

a.  oj  > 

o    S"  0) 


a.  a   0)   oj 


a  -H   c    Cb 


Ul    ot    B    ^ 

CL  -H     01     C 


r~  a  p  a  c 

0\    rH      O 

rH       O.  (4H      kl 


01      00    4J 


ot     01 

a   a 


SM  j2  "O  -rt   a 
Q.  «3  a  UH   a 


&I   « 


ot  a  o  p. 

>  01  -H  tr 

o  P  <-•  3 

00  4-1  a  a. 


* 

O  va 

^ 

t~ 

O  eg 

CvJ 

VD 

1    uvco 

t-^co 

^C- 

t— 

rH    CO 

o 

ft 

fr 

4 

>  «^ 

■H   P^  0) 

a  o>  u 

c  —  a 

j;  TJ  a 


r^  0\  o  o  o  m 

»o  r^  C  Q  O  'H 

rH     O    rH  00    %0    1/1 

o  rH  o  »n  in  ■* 


"2:^ 


-3    -a 


+>    c  ot  01  II 

-    3  TJ  ^  c 

I  It  HJ  11    rH 

Q  Eb  O  U    <d 


t-  o  lr^ 
-»  o  ro 

00 

ro 

on  t-  t- 

VO    rH    t- 

n       ro 

00 

«4 

o   a 


k. 

a   u 

•rj    -rH    "3            O 
$    rH      k,      kl      k. 

o 

v. 

■P         ot    ot   Ot 

-3 

a   11  -r)  J3   c 

g    +)      6    +?     ot    rH 

■H   0  Ch  O  U   a 

*> 

+>  hj                  +j 

^ 

a  ■        & 

0)         -rt    O  "O 

a   a  k,  -H  ^ 

O  -n    p,  *J 


u      - 

^ 

ani 

■o 

a 

o  t-« 

•»H 

e 

u  <r. 

a 

ot 

&-H 

a 

j: 

a 

ab 

01 

i:  c 

u 

c 

Wi 

a 

3 

a 

ot 

ot 

£  o 

O 

i 

i 

^ 

00 

t 

o 

e 

aj    . 

0 

iM 

0» 

C    00 

j( 

c 

tH  r^ 

U      rH 

IH 

ot 

« 

3  «• 

4H 

£ 

a 

■0 

a 

4H 

c 

Oi     00 

UH 

0 

B!    C 

>. 

<4H 

IM 

a 

XI 

0 

o 

u 

e 

01 

ot 

s 

u 

&■ 

> 

01 

00    rH 

f 

> 

OO   0. 

m 

j:  % 


w  B«  o  I-  a 


C    3  -d 
h-   O    3 


152  House  Journal,  7Mar74 

At  the  request  of  Rep.  Nelson,  Rep.  Drake  answered  ques- 
tions. 

Amendment  adopted. 

Ordered  to  third  reading. 

HB  3 

relative  to  establishment  of  a  food  stamp  program  and 
making  an  appropriation  therefor.  Ought  to  pass  with  amend- 
ment. Rep.  Drake  for  Appropriations. 

AMENDMENT 

Amend  the  bill  by  striking  out  all  after  section  1  and  in- 
serting in  place  thereof  the  following  new  sections: 

2  Appropriation.  There  is  hereby  appropriated  to  the  divi- 
sion of  welfare  of  the  department  of  health  and  welfare  for  the 
fiscal  year  ending  June  30,  1974  and  for  the  fiscal  year  ending 
June  30,  1975  the  following  sums  which  shall  be  expended  as 
follows: 

1974  1975 


Food  Stamp  Program: 

Personal  Services: 

Permanent 

$73,996 

$656,258 

Other 

2,162 

25,945 

Current  Expenses 

15,083 

136,222 

Travel: 

In-State 

4,186 

36,570 

Out-of-State 

364 

3,180 

Equipment 

60,505 

18,632 

Other  Expenditures: 

Merit  System 

328 

2,848 

Benefits 

7,234 

64,802 

System  Development 

and  Support 

73,596* 

57,460 

Coupon  Issuance 

4,500* 

537,900 

Staff  Training 

— 

3,000 

1,400 

rOTAL 

$244,954 

$1,541,217 

Estimated  Source  of  Funds  for  Food 
Stamp  Program: 

Federal  $47,563  $384,690 


House  Journal,  7Mar74  153 

General  197,391         1.156,527 


TOTAL  $244,954      $1,541,217 


*This  appropriation  shall  not  lapse  until  June  30,  1975. 

The  orovernor  is  authorized  to  draw  his  warrant  for  the  sums 
hereby  appropriated  out  of  any  money  in  the  treasury  not  other- 
wise appropriated, 

3  Personnel  to  Establish  Appropriate  Salary  Grades.  Ex- 
penditure of  the  funds  appropriated  in  this  act  for  the  establish- 
ment of  new  classified  positions  shall  be  subject  to  final  deter- 
mination by  the  department  of  personnel  as  to  the  appropriate- 
ness of  the  salary  grades. 

4  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Rep.  Nelson  moved  that  the  words,  inexpedient  to  legislate, 
be  substituted  for  the  committee  report,  ought  to  pass  with 
amendment,  and  spoke  in  favor  of  the  motion  and  subsequently 
withdrew  his  motion. 

Rep.  Drake  explained  the  bill. 

Amendment  adopted. 

Ordered  to  third  reading. 

HB  4 

providing  supplemental  grants  to  families  with  dependent 
children  and  making  an  appropriation  therefor  and  authorizing 
flat  grant  payments  for  categorical  assistance.  Ought  to  pass 
with  amendment.  Rep.  Drake  for  Appropriations. 

AMENDMENT 

Amend  the  bill  by  striking  out  the  four  whereas  clauses. 

Further  amend  the  bill  by  striking  out  all  after  the  enact- 
ing clause  and  inserting  in  place  thereof  the  following: 

1  Appropriation.  There  is  hereby  appropriated  to  the  divi- 
sion of  welfare,  department  of  health  and  welfare,  the  sum  of 
six  hundred  forty-one  thousand  four  hundred  seventy-six  dol- 
lars from  the  general  funds  of  the  state,  and  one  million  forty- 
eight  thousand  eight  hundred  forty-two  dollars  from  federal 


154  House  Journal,  7Mar74 

funds  for  the  1975  fiscal  year  for  the  purpose  of  improving  the 
assistance  standards  for  recipients  of  aid  to  families  with  de- 
pendent children.  Such  sums  shall  be  in  addition  to  any  other 
sums  appropriated  to  the  division  of  welfare  for  the  fiscal  year 
ending  June  30,  1975.  The  governor  is  authorized  to  draw  his 
warrant  for  the  sums  hereby  appropriated  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

2  Authorizing  Flat  Grant  Payments.  Amend  RSA  167:7,  as 
amended,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

167:7  Amoimt  of  Assistance.  The  director  of  the  division 
of  welfare,  department  of  health  and  welfare,  shall  establish 
standards  of  assistance,  and  shall  determine  the  amount  of  as- 
sistance to  be  granted  under  this  chapter  or  RSA  161.  In  the  de- 
termination of  assistance  due  regard  shall  be  given  to  income 
and  resources  of  recipients  and  the  funds  appropriated  for  pur- 
poses of  this  chapter  and  RSA  161.  The  director  of  the  division 
of  welfare  shall  in  appropriate  cases  give  notice  to  (consult 
with)  the  proper  officials  of  counties  or  towns  hereby  required 
to  contribute  to  the  cost  thereof. 

3  Effective  date.  This  act  shall  take  effect  upon  its  passage. 

Rep.  George  I.  Wiggins  moved  that  the  words,  inexpedient 
to  legislate,  be  substituted  for  the  committee  report,  ought  to 
pass  with  amendment,  and  spoke  in  favor  of  the  motion,  and 
subsequently  withdrew  his  motion. 

Amendment  adopted. 

Ordered  to  third  reading. 

HB  17 

increasing  the  mileage  rate  for  all  state  employees  using 
privately  owned  passenger  vehicles  and  making  an  appropria- 
tion therefor.  Ought  to  pass  with  amendment.  Rep.  Drake  for 
Appropriations. 

AMENDMENT 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Mileage  Rate.  Amend  RSA  99-A:l,  as  inserted  by  1955, 
257:1,  as  amended,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following: 


House  Journal,  7Mar74  L55 

99-A:l  State  Officials  and  Employees.  State  officials  and 
employees  required  to  use  their  private  cars  in  the  conduct  of 
official  business  for  the  state  shall  be  reimbursed  for  mileage  at 
a  rate  of  twelve  cents  per  mile. 

2  Appropriation.  There  are  hereby  appropriated  for  fiscal 
year  ending  June  30,  1975  for  the  purpose  of  section  1  of  this 
act  the  following  sums:  $64,126  from  general  funds,  $35,452 
from  highway  funds,  $1,000  from  fish  and  game  funds,  $30,409 
from  special  funds.  The  governor  is  authorized  to  draw  his  war- 
rant for  the  money  hereby  appropriated  which  shall  be  a  charge 
against  the  general  fund  and  against  each  special  fund  as  desig- 
nated. 

3  Effective  Date.  This  act  shall  take  effect  July  1,  1974. 
Amendment  adopted. 

Ordered  to  third  reading. 

HB  33 

relative  to  the  Winnipesaukee  River  Basin  Control;  and 
providing  for  continuation  of  the  study  committee  on  the  water 
supply  and  pollution  control  commission.  Ought  to  pass  with 
amendment.  Rep.  Drake  for  Appropriations. 

AMENDMENT 

Amend  RSA  149-G:6,  I  as  inserted  by  section  2  of  the  bill, 
by  striking  out  said  paragraph  and  inserting  in  place  thereof 
the  following: 

I.  The  commission  shall  annually,  at  the  beginning  of  each 
fiscal  year,  assess  each  municipality  served  by  the  regional  sew- 
age disposal  facilities  provided  for  by  this  chapter,  a  sum  suffi- 
cient to  recover  its  proportional  share  of  the  total  in  relation 
to  the  total  costs  estimated  to  be  incurred  during  said  fiscal 
year  in  treating,  transporting  and  disposal  of  sewage  of  the  com- 
munities served  and  those  to  be  served;  the  proportional  share 
of  each  community  shall  be  determined  by  the  procedure  pro- 
vided for  in  paragraph  IV. 

Amend  RSA  149-G:6,  II,  as  inserted  by  section  2  of  the 
bill,  by  striking  out  said  paragraph  and  inserting  in  place  there- 
of the  following: 

II.  The  commission  shall  annually,  at  the  beginning  of 


156  House  Journal,  7Mar74 

each  fiscal  year,  assess  each  municipality  served  or  to  be  served 
by  the  regional  sewage  disposal  facilities  provided  for  by  the 
provisions  of  this  chapter  the  costs  estimated  to  be  incurred 
during  said  fiscal  year  in  administering  this  chapter,  plus  a 
charge  for  amortization  charges  thereon  of  all  facilities  amount- 
ing to  five  percent  of  the  total  amortization  charges,  meaning 
principal  and  interest,  thereon.  The  proportional  share  of 
each  community's  costs  shall  be  determined  by  the  procedure 
provided  for  in  paragraph  IV. 

Amend  RSA  149-G:6,  III,  as  inserted  by  section  2  of  the 
bill,  by  striking  out  said  paragraph  and  inserting  in  place  there- 
of the  following: 

III.  The  respective  share  of  the  assessments  made  in  para- 
graphs I  and  II  shall  be  paid  to  the  commission  by  each  munici- 
pality quarterly  on  July  fifteenth,  October  fifteenth,  January 
fifteenth  and  April  fifteenth  of  that  fiscal  year.  After  the  close 
of  each  fiscal  year,  the  commission  shall  ascertain  its  actual 
total  expenses  in  accordance  with  the  foregoing  provisions,  and 
then  shall  adjust  the  assessment  for  the  first  quarterly  payment 
of  the  new  fiscal  year  for  each  such  municipality  served  for  any 
under-payment  or  over-payment  by  each  such  municipality 
served  for  the  prior  fiscal  year. 

Amend  RSA  149-G:6,  IV,  as  inserted  by  section  2  of  the 
bill,  by  striking  out  said  paragraph  and  inserting  in  place  there- 
of the  following: 

IV.  The  assessments  provided  to  be  made  by  this  section 
shall  be  made  by  taking  into  account  the  volume  and  strength 
of  the  industrial,  domestic,  commercial,  and  all  other  waste 
discharges  treated  or  the  estimated  volume  and  strength  of  the 
industrial,  domestic,  commercial  and  all  other  waste  discharges 
to  be  treated  and  techniques  of  treatment  required.  Proportion- 
al costs  as  determined  by  the  water  supply  and  pollution  con- 
trol commission,  associated  with  transporting  raw  and  treated 
sewage  through  a  major  interceptor  from  a  municipality  at 
which  it  is  generated  or  is  to  be  generated  to  the  point  of  treat- 
ment or  discharge  shall  be  allocated  to  the  municipality  which 
uses  or  will  use  the  interceptor  on  the  basis  of  volume  and  dis- 
tance traveled  or  estimated  volume  and  distance  traveled.  In 
determining  said  assessments  for  each  municipality,  the  com- 
mission shall  abide  by  federal  regulations  which  govern  the 
allocation  of  costs  and  receipt  of  payments  by  industry  for  in- 


House  Journal,  7Mar74  157 

dustrial  discharges.  Any  operating  and  maintenance  costs  over 
and  above  whiat  has  been  determined  to  be  proportional  by  the 
commission  shall  be  an  obligation  of  the  state. 

Amend  RSA  149-G:6,  as  inserted  by  section  2  of  the  bill, 
by  striking  out  paragraphs  V  and  VI  and  renumbering  para- 
graphs VII,  VIII  and  IX  to  read  respectively  as  follows  : 
V,      VI,      AND      VII     . 

Amend  the  bill  by  striking  out  section  4  of  the  bill  and  in- 
serting in  place  thereof  the  following: 

4  Committee  Membership  Enlarged.  Amend  the  laws  of 
1973,  chapter  334,  by  striking  out  all  after  the  resolving  clause 
and  inserting  in  place  thereof  the  following: 

That  there  is  hereby  established  a  special  legislative  com- 
mittee to  study  and  report  on  the  existing  program  and  future 
needs  of  the  water  supply  and  pollution  control  commission. 
The  committee  shall  review  the  efficiency,  economy  and  effec- 
tiveness of  present  procedures,  policies  and  programs  of  the 
commission  with  respect  to  the  handling  of  the  duties  and  func- 
tions assigned  to  it.  The  committee  shall  make  recommenda- 
tion for  any  additional  safeguards,  personnel  and  other  mea- 
sures which  it  deems  necessary  in  order  that  the  commission 
may  carry  out  its  present  and  anticipated  future  responsibilities. 
Said  committee  shall  consist  of  thirteen  members  appointed 
as  follows:  three  senators  from  the  Senate  resources  and  en- 
vironmental control  committee  appointed  by  the  president  of 
the  senate,  six  representatives  of  the  house  committee  on  re- 
sources, recreation  and  development,  and  one  representative  of 
the  house  appropriations  committee  appointed  by  the  speaker 
of  the  house  and  three  members  representing  the  general  pub- 
lic appointed  by  the  governor.  The  committee  shall  elect  one 
of  its  members  as  chairman.  The  committee  shall  report  its 
findings  and  recommendations  to  the  general  court  on  or  before 
January  15,  1975.  The  committee  shall  have  full  power  and 
authority  to  require  from  the  several  departments,  agencies, 
and  officials  of  the  state  and  its  political  subdivisions,  such 
data,  information  and  assistance  as  it  may  deem  necessary  or 
desirable  for  the  purposes  of  this  study.  The  water  supply  and 
pollution  control  commission  shall  provide  the  special  com- 
mittee with  such  of  its  rules,  regulations  and  procedures  as  the 


158  House  Journal,  7Mar74 

committee  may  request,  together  with  the  justification  thereof. 
Amendment  adopted. 
Ordered  to  third  reading. 

HB  35 

providing  for  twenty  years  retirement  for  members  of 
group  II  under  the  N.  H.  Retirement  System,  permitting  the 
transfer  of  members  of  the  New  Hampshire  Firemen's  Retire- 
ment System  and  of  the  New  Hampshire  Policemen's  Retire- 
ment System  into  the  New  Hampshire  Retirement  System  and 
making  an  appropriation  therefor.  Refer  to  Fiscal  Committee 
for  interim  study.  Rep.  Drake  for  Appropriations. 

Rep.  Weeks  explained  the  committee  report. 

Rep.  Coutermarsh  moved  that  the  words,  ought  to  pass,  be 
substituted  for  the  committee  report,  refer  to  fiscal  committee 
for  interim  study,  and  spoke  in  favor  of  the  motion. 

(discussion) 

Reps.  George  I.  Wiggins,  Twardus,  Daniell,  Raymond  and 
Drake  spoke  against  the  motion. 

Reps.  John  T.  Winn,  George  E.  Gordon,  T.  Anne  Webster, 
Curran,  Sabbow,  Palfrey,  Huot  and  George  B.  Roberts,  Jr. 
spoke  in  favor  of  the  motion. 

Reps.  Donnelly,  Lebel,  Desmarais,  Spirou,  Cushman,  Ezra 
B.  Mann,  James  A.  Humphrey,  Colby,  McDonough,  DAllesan- 
dro,  Roderick  H.  O'Connor,  Barka,  Nims,  Gerry  F.  Parker, 
Gorman,  Brungot,  Sayer,  Rock,  Gallen,  McManus  and  LaRoche 
non-spoke  in  favor  of  the  motion. 

Rep.  William  P.  Boucher  non-spoke  against  the  motion. 

Rep.  Hildreth  requested  a  roll  call,  seconded  by  Reps. 
Lamy,  T.  Anne  Webster,  Gerry  F.  Parker,  William  J.  Stevens 
and  Roderick  H.  O'Connor. 

ROLL  CALL 
YEAS:   229     NAYS:  91 


House  Journal,  7Mar74  159 

YEAS 

Belknap  County: 

French,  Lawton,  Matheson,  Nighswander,  Wuelper,  Bow- 
ler, Roberts,  Charles  B.,  Roberts,  George  B,,  Twigg,  Huot, 
Hildreth,  Randlett,  Sabbow,  Maguire. 

Carroll  County: 

Howard,  Donalda  K.,  Duprey,  Davis,  Dorothy  W.,  Clafln, 
Allen,  Webster,  T.  Anne. 

Cheshire  County: 

Stevens,  Anthony,  Johnson,  Elmer  L,,  Ladd,  Dunham, 
Yardley,  Milbank,  Ames,  Streeter,  Nims,  Drew. 

Coos  County: 

Huggins,  Metcalf,  Biishey,  Hunt,  Burns,  Kidder,  Victor 
L.,  Oleson,  Fortier,  Valliere,  Pryor,  Brungot,  Gagnon,  Rebecca, 
Theriault. 

Grafton  County: 

Gallen,  Tilton,  Jones,  Anthony  K.,  Mann,  Ezra  B.,  Alt- 
man,  Warren,  Roger  K.,  Buckman,  Harrison,  Gemmill,  Webb, 
Chambers,  Dvihaime,  Eaton,  Myrl  R., 

Hillsborough  County: 

Eaton,  Joseph  M.,  Humphrey,  Howard  S.,  Withington, 
Mann,  Arthur  F.,  Murray,  Fred  E.,  Karnis,  Eaton,  Clyde  S., 
Heald,  Philip  C,  Warren,  E,  George,  Thomson,  Harold  E., 
Archambault,  Orcutt,  Knight,  Roy,  Antonio  J.,  Harvell,  Van 
Loan,  Bragdon,  Brown,  G.  Winthrop,  Carter,  Langdell,  Cars- 
well,  Dwyer,  Geiger,  Lyons,  Bednar,  Nutting,  Polak,  Currier, 
Ethier,  McLaughlin,  Rock,  Parker,  Gerry  F.,  Record,  Wood- 
ruff, Cote,  Margaret  S.,  Winn,  John  T.,  Winn,  Cecelia  L.,  Des- 
marais,  Lachance,  Lefebvre,  McGlynn,  Migneault,  Aubut,  Bois- 
vert,  Mason,  Sullivan,  David  T.,  Wilcox,  Coutermarsh,  Erick- 
son,  Lebel,  Daniels,  Ackerson,  Murphy,  Nardi,  Smith,  Craig  D., 
Spirou,  Shea,  Dupont,  McDonough,  Drewniak,  Sullivan,  Mary 
J.,  Beaulieu,  Gelinas,  Taber,  Healy,  George  T.,  MacDonald, 
O'Neil,  Dorthea  M.,  Thibeault,  P.  Robert,  Burke,  O'Connor, 
Timothy  K.,  D'AUesandro,  Lynch,  Lamy,  Normand,  Bernier. 

Merrimack  County: 

Thompson,  Arthur  E.,  Sherman,  Bigelow,  Parker,  Harry 
C,  Deoss,  Hanson,  Enright,  Rice,  Gamache,  Gordon,  George 


160  House  Journal,  7Mar74 

E.,  Plourde,  Bartlett,  Perkins,  John  B.,  Cushman,  Mattice,  Wig- 
gin,  Elmer  S.,  Humphrey,  James  A.,  Davis,  Alice,  Underwood, 
Harriman,  Hager. 

Rockingham  County: 

King,  Stimmell,  Davis,  Roy  W.,  Kashulines,  Skinner, 
Barka,  Gorman,  MacGregor,  Read,  Senter,  Campbell,  Lemay, 
Roy,  Vesta  M.,  Sayer,  Stevens,  William  J.,  SpoUett,  Webster, 
Clarence  L.,  White,  Cummings,  Vey,  Sanborn,  Simard,  Tavi- 
tian,  Rogers,  Randall,  Akerman,  Casassa,  Parr,  Brown,  Benja- 
min A.,  Collishaw,  Eastman,  Junkins,  Page,  Twardus,  Scamman, 
Ellis,  Maynard,  Palfrey,  Splaine,  Dame,  McEachern,  Joseph  A., 
Connors,  Hodgdon,  Keefe,  McEachern,  Paul. 

Strafford  County: 

Dawson,  Harvey,  Colby,  Rowell,  Dudley,  Plumer,  Tirrell, 
Joncas,  Bouchard,  Maloomian,  Chasse,  Peter  N.,  Hebert,  Me- 
serve,  Tanner,  Ineson,  Thompson,  Barbara  C,  Ruel,  Winkley, 
LaRoche,  Preston,  Boisse,  Bernard,  Donnelly,  Kincaid,  O'Con- 
nor, Roderick  H.,  Peabody. 

Sullivan  County: 

Rousseau,   Burrows,  Lewko,  Saggiotes,  Scott,  Olden. 

NAYS 

Belknap  County: 
Hood. 

Carroll  County: 
Chase. 

Cheshire  County: 

Galloway,  Johnson,  Edward  A.,  Slicer,  Whipple,  Marshala, 
McGinness,  Savage,  Gordon,  Anne  B.,  Turner,  Raymond, 
Cooke,  Close,  Scranton. 

Coos  County: 

Drake,  Richardson,  Mabel  L. 

Grafton  County: 

Curran,  Stevenson,  Fimlaid,  Bradley,  Richard  L.,  Clark, 
Anderson,  Fayne  E.,  Krainak,  Bradley,  David  J.,  Copenhaver, 
Nutt,  Hough,  Symons,  Townsend,  Madeline  G.,  Bell. 

Hillsborough  County: 

Colburn,  Perkins,  Arnold  B.,  Spalding,  Kenneth  W.,  Co- 


House  Journal,  7Mar74  161 

bum,  Ferguson,  Boyd,  Hall,  Alukonis,  Bergeron,  Smith,  Leon- 
ard A.,  Richardson,  John  W.,  Seamans,  Cobleigh,  Zechel,  Bel- 
court,  Charest,  Gabriel,  Ouellette,  Ainley,  Milne,  Zachos,  Hor- 
an,  Gardner. 

Merrimack  County: 

Kidder,  William  F.,  Chandler,  Boucher,  Laurent  J.,  Kop- 
perl,  Thompson,  Doris  L.,  Daniell,  Piper,  Gate,  McLane,  New- 
ell, Jones,  H.  Gwendolyn,  Rich,  Howard,  C.  Edwin,  Noble. 

Rockingham  County: 

Boucher,  William  P.,  Soule,  Thibeault,  George  J.,  De- 
Cesare,  Erler,  Goodrich,  Schwaner,  Hamel,  Cunningham,  Ste- 
vens, Elliot  A.,  Weeks,  Greene,  Lockhart,  Griffin. 

Strafford  County: 
Beckett,  Leighton. 

Sullivan  County: 

Townsend,  Sara  M.,  Barrus,  Spaulding,  Roma  A.,  D'Aman- 
te,  Frizzell,  Wiggins,  George  L,  Williamson. 

Rep.  Hammond  abstained  under  Rule  16. 

and  the  motion  to  substitute  carried. 

Reps.  Sununu,  Belair,  Barrett,  Tucker,  Daniel  J.  Healy, 
Conley,  Woodward  and  Cotton  wished  to  be  recorded  as  vot- 
ing "yes". 

Rep.  Huot  offered  an  amendment. 

AMENDMENT 

Amend  the  bill  by  striking  out  all  after  section  9  and  in- 
serting in  place  thereof  the  following: 

10  Appropriation,  There  is  hereby  appropriated  the  sum 
of  one  hundred  fifty-three  thousand  six  dollars  for  the  1975 
fiscal  year  representing  the  state's  share  of  the  cost  of  carrying 
out  the  purposes  of  this  act.  The  governor  is  authorized  to  draw 
his  warrant  for  the  sums  herein  appropriated  from  the  money 
in  the  treasury  not  otherwise  appropriated. 

1 1  Budget.  The  board  of  trustees  shall  include  in  its  budget 
submitted  to  the  general  court  for  all  fiscal  years  beginning  with 
the  1976  fiscal  year  a  specific  sum  representing  the  state's  sub- 


162  House  Journal,  7  Mar74 

sequent  appropriation  for  the  cost  of  carrying  out  the  purposes 
of  this  act. 

12  Effective  Date.  This  act  shall  take  effect  July  1,  1974. 

The  clerk  read  the  amendment  in  full. 

Rep.  Huot  explained  the  amendment. 

Rep.  Drake  spoke  in  favor  of  the  amendment. 

Huot  amendment  adopted. 

Ordered  to  third  reading. 

RECONSIDERATION 
Rep.  Coutermarsh  moved  reconsideration. 
Reconsideration  lost. 

SUSPENSION  OF  RULES 

Rep.  Drake  moved  that  the  rules  of  the  House  be  so  far 
suspended  as  to  permit  the  introduction  of  a  committee  report 
not  previously  advertised  in  the  calendar  on  HB  31,  authorizing 
the  public  utilities  commission  to  acquire,  as  agent  of  the  state, 
such  railroad  properties  within  the  state  deemed  to  be  necessary 
for  continued  and  future  railroad  operation  for  the  benefit  of 
the  public,  and  making  an  appropriation  therefor,  and  to  per- 
mit the  bill  to  be  taken  up  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORT 

HB  31 

authorizing  the  public  utilities  commission  to  acquire,  as 
agent  of  the  state,  such  railroad  properties  within  the  state 
deemed  to  be  necessary  for  continued  and  future  railroad  opera- 
tion for  the  benefit  of  the  public,  and  making  an  appropriation 
therefor.  Ought  to  pass  with  amendment.  Rep.  Drake  for  Appro- 
priations, 

This  bill  authorizes  the  Public  Utilities  Commission,  as 
the  sole  agent  of  the  state,  to  acquire  railroad  properties 
when  deemed  to  be  in  the  best  public  interest  to  maintain 
the  operation  of  any  rail  service  in  the  state. 


House  Journal,  7Mar74  163 

The  Public  Utilities  Commission  shall  have  the  authority 
to  sell  or  lease  said  railroad  properties  to  private  enterprise 
for  the  continuance  of  the  rail  service. 

The  bill  further  provides  the  commission  with  condemna- 
tion rights  pursuant  to  RSA  498-A,  the  eminent  domain 
statute. 

The  commission  is  authorized  to  work  with  Federal  au- 
thorities and  other  states  where  the  acquisition,  operation 
and  maintenance  of  rail  service  to  New  Hampshire  is  in- 
volved. 

A  bond  issue  of  eight  million  dollars  for  fiscal  1974  is  re- 
quested to  acquire  existing  available  railroad  properties. 

An  appropriation  of  $26,723.00  for  fiscal  1974  and  a  sum  of 
$94,407.00  for  fiscal  1975  is  requested  in  this  bill. 

AMENDMENT 

Amend  the  bill  by  striking  out  section  2  and  inserting  in 
place  thereof  the  following: 

2  Appropriation.  There  is  hereby  appropriated  the  sum 
of  two  million  dollars  for  the  purpose  of  purchasing,  selling  or 
leasing  railroad  properties  and  for  the  maintenance  and  opera- 
tion of  any  railroad  properties  acquired  pursuant  to  the  pro- 
visions of  RSA  372-A.  Said  appropriation  shall  be  nonlapsing 
and  may  be  expended  by  the  Commission  for  the  aforemen- 
tioned purposes  only. 

Amend  the  bill  by  striking  out  section  3  and  inserting  in 
place  thereof  the  following: 

3  Bond  Issue  Authorized.  To  provide  funds  for  the  pur- 
poses of  section  2  of  this  act,  the  state  treasurer  is  hereby  au- 
thorized to  borrow  upon  the  credit  of  the  state  or  to  borrow 
from  the  federal  government,  or  a  combination  of  both  a  sum 
not  exceeding  two  million  dollars  and  for  that  purpose  may 
issue  bonds  and  notes  in  the  name  and  on  behalf  of  the  state 
of  New  Hampshire  in  accordance  with  the  provisions  of  RSA 
6-A. 

Amend  section  5  of  the  bill  by  striking  out  the  line  "Per- 
manent $18,757.00  $54,963.00"  and  inserting  in  place  there- 
of the  line 


164  House  Journal,  7Mar74 

(Other  $18,757.00      $54,963.00) 

Rep.  Drake  explained  the  bill. 
The  clerk  read  the  amendment  in  full. 
Amendment  adopted. 
Ordered  to  third  reading. 

RECONSIDERATION 

Rep.  Drake  moved  reconsideration  of  HB's: 

HB  1,  making  supplemental  appropriations  for  expenses 
of  certain  departments  of  the  state  for  the  fiscal  years  ending 
June  30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes. 

HB  3,  relative  to  establishment  of  a  food  stamp  program 
and  making  an  appropriation  therefor. 

HB  4,  providing  supplemental  grants  to  families  with  de- 
pendent children  and  making  an  appropriation  therefor  and 
authorizing  flat  grant  payments  for  categorical  assistance. 

HB  17,  increasing  the  mileage  rate  for  all  state  employees 
using  privately  owned  passenger  vehicles  and  making  an  appro- 
priation therefor. 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public,  and  making  an  appro- 
priation therefor. 

HB  33,  relative  to  the  Winnipesaukee  River  Basin  Control; 
and  providing  for  continuation  of  the  study  committee  on  the 
water  supply  and  pollution  control  commission. 

Reconsideration  lost. 

COMMITTEE  REPORTS  CONTINUED 

HB  II 

to  increase  the  salaries  of  state  classified  employees  and 
employees  of  the  university  system  and  providing  differential 
pay  to  classified  prison  employees  and  correctional  psychiatric 
aides  at  the  New  Hampshire  state  hospital  and  making  appro- 


House  Journal,  7Mar74  165 

priations  therefor,  Inexpendient  to  legislate.  Rep.  Drake  for 
Appropriations. 

Rep.  Roderick  H.  O'Connor  moved  that  the  words,  ought 
to  pass  with  amendment,  be  substituted  for  the  committee  re- 
port, inexpedient  to  legislate. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

AN  ACT 

to  increase  the  salaries  of  state  classified  employees  and 

employees  of  the  university  system  and  providing  differential 

pay  to  classified  prison  employees  and  correctional 

psychiatric  aides  at  the  New  Hampshire  Hospital 

and  making  appropriations  therefor. 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Classified  Salaries  for  Second  Year  of  the  Biennium. 
Amend  RSA  99:l-a  (supp) ,  as  inserted  by  1973,  377:2,  by 
striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

99:1 -a  Salaries  Established.  The  salary  ranges  for  all  classi- 
fied state  employees,  commencing  June  21,  1974  shall  be  es- 
tablished as  follows: 


Salary 

Min. 

Step  1 

Step  2 

Step  3 

Max. 

Grade 

1 

5415.02 

5541.12 

5666.44 

5792.80 

5917.34 

2 

5541.12 

5666.70 

5791.24 

5916.30 

6041.36 

3 

5666.70 

5791.24 

5915.26 

6040.06 

6165.38 

4 

5751.46 

5913.44 

6078.54 

6272.24 

6478.16 

5 

5916.04 

6122.74 

6359.60 

6596.72 

6834.10 

6 

6115.98 

6352.84 

6590.48 

6827.60 

7061.46 

7 

6377.54 

6652.36 

6927.18 

7201.74 

7476.56 

8 

6608.16 

6882.98 

7164.04 

7432.36 

7767.18 

9 

6838.00 

7113.08 

7381.64 

7662.72 

7937.54 

10 

7074.86 

7343.70 

7618.52 

7898.80 

8268.00 

11 

7299.24 

7643.48 

7988.24 

8333.00 

8677.76 

12 

7629.70 

8015.02 

8400.08 

8785.40 

9170.72 

166 


House  Journal,  7Mar74 


13 

7845.76 

8276.06 

8711.82 

9144.72 

9577.88 

14 

8284.12 

8734.18 

9183.98 

9634.04 

10083.84 

15 

8685.56 

9155.52 

9619.48 

10089.04 

10555.74 

16 

8954.92 

9441.64 

9928.10 

10411.96 

10901.02 

17 

9227.66 

9733.88 

10237.24 

10740.34 

11243.96 

18 

9620.78 

10155.08 

10689.38 

11223.68 

11757.00 

19 

10014.16 

10576.54 

11141.78 

11707.02 

12269.66 

20 

10421.32 

10986.56 

11554.66 

12122.76 

12690.86 

21 

10829.00 

11399.70 

11970.40 

12538.50 

13109.00 

22 

11351.34 

12009.40 

12667.20 

13322.66 

13983.58 

23 

11871.34 

12554.62 

13238.00 

13918.58 

14604.72 

24 

12391.08 

13099.58 

13808.34 

14516.84 

15225.00 

25 

13237.12 

14004.00 

14769.56 

15534.74 

16302.00 

26 

13655.72 

14437.28 

15221.96 

16003.78 

16785.60 

27 

14074.58 

14873.04 

15671.76 

16470.22 

17271.80 

28 

14515.28 

15356.12 

16196.96 

17037.80 

17878.64 

29 

14958.84 

15839.46 

16722.16 

17602.00 

18485.48 

30 

15403.18 

16325.00 

17247.00 

18170.36 

19095.44 

31 

16471.00 

17430.14 

18391.00 

19350.76 

20312.50 

32 

17539.34 

18537.74 

19533.28 

20531.68 

21530.08 

33 

18835.44 

19934.98 

21034.52 

22131.20 

23230.74 

34 

20134.14 

21332.00 

22533.16 

23730.98 

24931.92 

2  Date  Change.  Amend  RSA  99:3  (supp)  ,  as  amended  by 

striking 

out  said  section  and  i 

inserting  in 

place  thereof  the  fol- 

lowing: 

99:3  Increase  in  Salary.  Classified  employees  of  the  state  as 
of  June  21,  1974  shall  be  placed  in  the  corresponding  steps  in 
the  new  salary  ranges  as  their  length  of  service  justifies  and 
their  annual  salaries  shall  be  in  accordance  with  the  salary  scales 
set  forth  in  RSA  99:l-a.  The  provisions  hereof  shall  not  be  con- 
strued as  affecting  so-called  longevity  payments  which  shall  be 
in  addition  to  the  regular  salary  scale. 

3  Appropriations.  There  is  hereby  appropriated  for  the 
fiscal  year  ending  June  30,  1975  for  the  salary  increases  for 
classified  state  employees  as  provided  herein,  the  following 
sums:  $2,141,689  from  the  general  funds  of  the  state;  $1,029,277 
from  highway  funds;  $106,886  from  fish  and  game  funds;  S550,- 
267  from  federal  funds;  and  $130,639  from  self-sustaining  and 
toll  funds.  The  governor  is  authorized  to  draw  his  warrants 
for  the  sums  hereby  appropriated. 

4  Appropriations  for  Temporary  and  Seasonal.  There  is 


House  Journal,  7Mar74  167 

hereby  appropriated  for  the  fiscal  year  ending  June  30,  1975 
for  salary  increases  for  temporary  and  seasonal  employees  as  pro- 
vided herein,  the  following  sums:  $314,828  from  the  general 
funds  of  the  state;  $112,191  from  highway  funds;  $6,840  from 
fish  and  game  funds;  $132,064  from  federal  funds;  and  $19,465 
from  self-sustaining  and  toll  funds.  The  governor  is  authorized 
to  draw  his  warrants  for  the  sums  hereby  appropriated. 

5  Appropriations  for  Retirement  and  OASI.  There  is 
hereby  appropriated  in  addition  to  any  other  sums  appropriated 
for  retirement  and  OASI  for  fiscal  year  ending  June  30,  1975 
the  following  sums:  $182,043  from  the  general  funds  of  the 
state;  $87,488  from  highway  funds;  $9,085  from  fish  and  game 
funds;  $46,772  from  federal  funds;  and  $11,104  from  self- 
sustaining  and  toll  funds. 

6  Appropriations  for  Retirement  and  OASI;  Temporary 
and  Seasonal.  There  is  hereby  appropriated  for  fiscal  year  end- 
ing June  30,  1975  for  retirement  and  OASI  for  temporary  and 
seasonal  employees  as  provided  herein  the  following  sums: 
$22,037  from  the  general  funds  of  the  state;  $8,302  from  high- 
way funds;  $478  from  fish  and  game  funds;  $9,244  from  federal 
funds;  and  $1,362  from  self-sustaining  and  toll  funds. 

7  University  System  Employees.  There  is  hereby  appropri- 
ated for  fiscal  year  ending  June  30,  1975  the  sum  of  $1,099,280. 
The  sum  hereby  appropriated  shall  be  used  by  the  trustees  of 
th  university  of  New  Hampshire  to  increase  the  annual  salaries 
of  those  employees  of  the  university  system  whose  salaries  are 
equivalent  to  those  within  the  state  classified  employee  salary 
structure  by  $520,  effective  June  21,  1974.  This  appropriation 
shall  not  be  transferred  or  expended  for  any  other  purpose. 
The  governor  is  authorized  to  draw  his  warrant  for  this  sum 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

8  Hazardous  Pay  for  Prison  Personnel  and  Correctional 
Psychiatric  Aides.  Amend  RSA  99  by  inserting  after  section  9 
the  following  new  section: 

99:10  N.  H.  State  Prison  and  State  Hospital.  Classified 
employees  at  the  state  prison  and  correctional  psychiatric  aides 
at  the  state  hospital  shall  be  paid  in  addition  to  their  regular 
salary,  hazardous  duty  pay  in  the  amount  of  twenty-five  dollars 
per  week. 

9  Appropriation.  There  is  hereby  appropriated  for  the  fiscal 
year  ending  June  30,  1975  the  sum  of  two  hundred  one  thou- 


168  House  Journal,  7Mar74 

sand  five  hundred  dollars  for  the  purposes  of  section  8  of  this 
act.  The  governor  is  authorized  to  draw  his  warrant  for  the 
sums  hereby  appropriated  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

10  Effective  Date.  This  act  shall  take  effect  June  21,  1974. 

Rep.  Arthur  F.  Mann  moved  to  suspend  with  the  reading 
of  the  amendment. 

Adopted. 

Rep.  O'Connor  spoke  in  favor  of  the  motion. 

Reps.  Williamson,  George  E.  Gordon,  Gerry  F.  Parker 
and  Coutermarsh  spoke  in  favor  of  the  motion. 

(discussion) 

Rep.  Drake  spoke  against  the  motion. 

Reps.  McDonough,  Rich  and  Fred  E.  Murray  non-spoke 
in  favor  of  the  motion. 

Rep.  Curran  non-spoke  against  the  motion. 

On  a  vv  the  Speaker  was  in  doubt  and  requested  a  division. 

170  members  having  voted  in  the  affirmative  and  97  in 
the  negative,  the  motion  carried. 

O'Connor  amendment  adopted. 

Rep.  Plumer  abstained  from  voting  under  rule  16. 

Ordered  to  third  reading. 

RECONSIDERATION 

Rep.  Coutermarsh  moved  reconsideration  on  HB  11. 

Reconsideration  lost. 

RESOLUTION 

Rep.  George  B.  Roberts,  Jr.  moved  that  all  bills  ordered 
to  third  reading,  be  read  a  third  time  by  this  resolution  and 
that  all  titles  of  bills  be  the  same  as  adopted,  and  that  they  be 
passed  at  the  present  time,  unless  otherwise  ordered  by  the 
House. 

Adopted. 


House  Journal,  7Mar74  169 

Third  reading  and  final  passage 

HB  1,  making  supplemental  appropriations  for  expenses  of 
certain  departments  of  the  state  for  the  fiscal  years  ending  June 
30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes. 

HB  3,  relative  to  establishment  of  a  food  stamp  program 
and  making  an  appropriation  therefor. 

HB  4,  providing  supplemental  grants  to  families  with  de- 
pendent children  and  making  an  appropriation  therefor  and 
authorizing  flat  grant  payments  for  categorical  assistance. 

HB  11,  to  increase  the  salaries  of  state  classified  employees 
of  the  university  system  and  providing  differential  pay  to  classi- 
fied prison  employees  and  correctional  psychiatric  aides  at  the 
New  Hampshire  hospital  and  making  appropriations  therefor. 

HB  17,  increasing  the  mileage  rate  for  all  state  employees 
using  privately  owned  passenger  vehicles  and  making  an  appro- 
priation therefor. 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public  and  making  an  appro- 
priation therefor. 

HB  33,  relative  to  the  Winnipesaukee  River  Basin  Con- 
trol; and  providing  for  continuation  of  the  study  committee  on 
the  water  supply  and  pollution  control  commission. 

HB  35,  providing  for  twenty  years  retirement  for  members 
of  group  n  under  the  N.  H.  Retirement  System,  permitting  the 
transfer  of  members  of  the  New  Hampshire  Firemen's  Retire- 
ment System  and  of  the  New  Hampshire  Policemen's  Retire- 
ment System  into  the  New  Hampshire  Retirement  System  and 
making  an  appropriation  therefor. 

RECESS 

AFTER  RECESS 

SENATE   MESSAGE 

INTRODUCTION  OF  SENATE  BILLS  &  SJR 

First,  second  readino^  &:  referral 

SB  3,  changing  the  compensation  of  certain  state  law  en- 


170  House  Journal,  7Mar74 

forcement  employees  and  fees  of  witnesses.  Executive  Depart- 
ments and  Administration. 

SB  15,  transferring  permanent  state  prison  employees  from 
group  I  of  the  New  Hampshire  Retirement  System  to  group  II 
or  from  the  State  Employees'  Retirement  System  to  group  II, 
and  making  an  appropriation  therefor.  Executive  Departments 
and  Administration. 

SB  4,  relative  to  penalties  and  forfeitures  for  noncompli- 
ance with  sewage  and  waste  disposal  rules  and  regulations  of  the 
water  supply  and  pollution  control  commission.  Resources, 
Recreation  and  Development. 

SB  8,  relative  to  the  distribution  of  testate  property  fol- 
lowing waiver  of  a  will  by  surviving  spouse  and  relative  to 
the  form  of  notice  given  for  termination  of  parental  rights.  Ju- 
diciary. 

SJR  1,  compensating  Rene  Boucher  for  mileage  while 
serving  on  the  Committee  of  Voter  Registration  and  Checklists. 
Veteran,  Military  Affairs  and  Claims. 

COMMITTEE  REPORTS  CONTINUED 

HB  15 

relative  to  redistricting  the  ward  lines  of  the  city  of  La- 
conia.  Ought  to  pass  with  amendment.  Rep.  Hood  for  Laconia 
Delegation. 

Amendment  changes  the  ward  lines  and  referendum  date. 

AMENDMENT 

Amend  the  bill  by  striking  out  section  1  and  inserting  in 
place  thereof  the  following: 

1  Ward  Lines  Changed.  Amend  1893,  241:2  as  amended  by 
1901,  200:2;  1903,  192:rand  213;  and  1959,  419:1  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following: 

SECT.  2  The  said  city  of  Laconia  is  hereby  divided  into 
six  wards,  which  shall  be  constituted  as  follows: 

Ward  No.  1  shall  contain  all  that  part  included  within  and 
bounded  by  the  following  lines:  beginning  at  the  easterly  shore 
of  Lake  Winnisquam  at  the  Meredith  town  line;  then  south 


House  Journal,  7 Mar74  171 

along  said  eastern  shore  to  the  northerly  property  line  of  prop- 
erty fronting  on  the  north  side  of  Sands  terrace;  then  south 
along  the  easterly  property  lines  of  property  fronting  on  the  east 
side  of  Sands  terrace  and  Shore  drive  to  the  southerly  property 
line  of  property  fronting  on  the  south  side  of  Lexington  drive; 
then  east  along  the  southerly  property  line  of  property  fronting 
on  the  south  side  of  Lexington  drive  to  the  easterly  property 
line  of  property  fronting  on  the  east  side  of  Lynnewood  road; 
then  south  along  the  easterly  property  lines  of  property  fronting 
on  the  east  side  of  Lynnewood  road  to  an  intersection  with  Hol- 
man  street;  then  east  to  the  intersection  of  North  Main  street 
and  Pleasant  street;  then  south  along  the  center  line  of  North 
Main  street  to  the  center  of  the  intersection  with  Busiel  street; 
then  east  from  said  intersection  to  a  point  equidistant  between 
the  east  and  west  shores  of  Lake  Opechee;  then  north  along  the 
center  line  of  Lake  Opechee  to  the  northern  shore  of  such  lake 
to  an  unnamed  brook  which  flows  into  said  lake;  then  north 
along  the  center  of  said  brook  to  the  intersection  of  said  brook 
at  Elm  street;  then  northeast  from  said  point  to  the  western 
shore  of  Paugus  bay;  then  north  along  said  western  shore  to 
the  Weirs  bridge;  then  north  along  the  western  shore  of  Lake 
Winnipesaukee  to  the  Meredith  town  line;  then  southwest 
along  said  town  line  to  the  point  of  beginning. 

Ward  No.  2  shall  include  all  that  part  of  said  city  con- 
tained within  the  territory  as  follows:  starting  at  a  point  in  the 
Winnipesaukee  river  westerly  of  an  extension  of  the  southern- 
most property  lines  of  property  fronting  on  the  south  side  of 
Arch  street;  then  east  along  said  extension  to  the  easternmost 
property  line  of  property  fronting  on  the  east  side  of  Union 
avenue;  then  north  along  the  easterly  property  lines  of  property 
fronting  on  the  east  side  of  LInion  avenue  to  the  southernmost 
property  line  of  property  fronting  on  the  south  side  of  Winter 
street;  then  east  along  the  southerly  property  lines  of  property 
on  the  south  side  of  Winter  street  to  the  Gilford  town  line;  then 
north,  then  west,  then  north  along  the  Gilford  town  line  to  a 
line  on  an  extension  of  the  southernmost  property  lines  of  prop- 
erty fronting  on  the  south  side  of  Mechanic  street;  then  west 
along  said  extension  to  the  easterly  property  line  of  property 
fronting  on  the  east  side  of  Union  avenue;  then  north  across 
Mechanic  street  along  said  easterly  property  line  to  the  westerly 
property  lines  of  property  fronting  on  the  west  side  of  Mechanic 
street;    then   north   along  said  westerly  property  lines  to   the 


172  House  Journal,  7Mar74 

southerly  property  line  of  property  fronting  on  the  south  side 
of  Clinton  street;  then  west  along  the  southerly  property  lines 
of  property  fronting  on  the  south  side  of  Clinton  street  to  the 
Clinton  street  bridge;  then  south  along  the  eastern  shore  of 
Lake  Opechee  to  the  point  of  beginning. 

Ward  No.  3  shall  include  all  that  part  of  said  city  bounded 
as  follows:  beginning  at  the  southern  boundary  of  Ward  No.  1 
and  Lake  Winnisquam;  then  south  along  the  eastern  shore  of 
said  lake  to  the  Winnipesaukee  river;  then  east  and  then  north 
along  the  northern  and  eastern  shores  of  the  Winnipesaukee 
river  to  the  southern  boundary  of  Ward  No.  1;  then  west  along 
said  boundary  to  the  point  of  beginning,  provided  that  Eagar 
island  shall  be  in  Ward  4. 

Ward  No.  4  shall  include  all  that  part  of  said  city  bounded 
as  follows:  beginning  at  the  Belmont  town  line  and  Lake  Win- 
nisquam; then  east  along  said  town  line  to  the  Gilford  town 
line;  then  north  and  then  west  along  the  Gilford  town  line  to 
the  point  where  the  Gilford  town  line  follows  a  northerly 
course;  then  southwest  to  the  northern  property  line  of  prop- 
erty fronting  on  the  north  side  of  Province  road;  then  northwest 
along  the  northern  property  line  of  property  fronting  on  the 
north  side  of  Province  road  to  the  intersection  with  the  eastern 
property  line  of  property  fronting  on  the  east  side  of  South 
Main  street;  then  north  along  said  eastern  property  line  to  the 
southern  boundary  of  Ward  No.  3  at  the  Winnipesaukee  river; 
then  west  along  said  southern  boundary  to  the  mouth  of  said 
river;  then  southwest  along  the  eastern  shore  of  Lake  Winni- 
squam to  the  point  of  beginning. 

Ward  No.  5  shall  include  all  that  part  of  said  city  lying 
southerly  and  easterly  of  Ward  No.  2  not  embraced  in  said 
ward,  that  part  to  the  north  of  Ward  No.  4  and  to  the  east  of 
Ward  No.  .3  and  bounded  on  the  east  by  the  Gilford  town  line. 

Ward  No.  6  shall  include  all  that  part  of  said  city  to  the 
north  and  east  of  Ward  No.  2  and  east  of  Ward  No.  1  not  em- 
braced in  said  wards. 

Amend  the  bill  by  striking  out  sections  6  and  7  and  in- 
serting in  place  thereof  the  following: 

6  Special  Ballot.  The  Laconia  city  council  shall  authorize 
the  city  clerk  to  prepare  a  separate  ballot  to  be  used  at  the  regu- 


House  Journal,  7Mar74  173 

lar  biennial  election  to  be  held  in  November,   1974,  for  the 
referendum  provided  in  section  7  of  this  act. 

7  Referendum.  This  act  shall  not  take  effect  unless  it  is 
adopted  by  a  majority  vote  at  the  regular  biennial  election  to 
be  held  in  the  city  of  Laconia  in  November,  1974.  The  city 
clerk  then  in  office  shall  cause  to  be  placed  on  a  separate  ballot 
the  following  question:  "Shall  the  provisions  of  'An  Act  relative 
to  redistricting  the  ward  lines  of  the  city  of  Laconia'  passed  by 
the  1974  special  session  of  the  general  court  be  adopted?"  Said 
question  shall  be  printed  in  the  form  prescribed  by  RSA  59: 
12-a.  If  a  majority  of  those  voting  on  the  question  vote  in  the 
affirmative,  this  act  shall  be  declared  to  have  been  adopted. 
The  city  clerk  shall,  within  ten  days  after  said  election,  certify 
the  result  of  the  vote  on  the  above  question  to  the  secretary  of 
state. 

Amendment  adopted. 

Ordered  to  third  reading. 

HCR  3 

relative  to  the  protection  of  the  New  Hampshire  Fishing 
Industry.  Ought  to  pass.  Rep.  Tirrell  for  Fish  and  Game. 

Unanimous  approval  by  the  committee. 

Ordered  to  third  reading. 

HCR  2 

establishing  a  joint  committee  to  study  the  railroad  condi- 
tions and  related  matters  in  the  state  of  New  Hampshire.  Ought 
to  pass.  Rep.  Chase  for  Statutory  Revision. 

The  ad  hoc  committee  has  accumulated  information  that 
should  be  supplemented  by  further  studies  that  will  result 
in  recommendations  for  future  legislation. 

Ordered  to  third  reading. 

The  Speaker  requested  a  quorum  count, 

261  members  having  answered  the  count,  a  quorum  was 
declared  present. 

COMMUNICATION 

At  the  regular  meeting  of  the  Hampstead  Board  of  Select- 


174  House  Journal,  7  Mar74 

men,   held  on   March   2,    1974,   the  following  resolution  was 
adopted: 

In  recognition  of  27  years  of  faithful  and  sincere  service 
to  the  Town  of  Hampstead  as  Selectman  and  with  powers 
granted  this  Board  under  the  Laws  of  the  State  of  New  Hamp- 
shire, we  hereby  appoint  the  Honorable  Doris  M.  Spollett  as 
Honorary  Chairman  of  the  Hampstead  Board  of  Selectmen. 

Charles  W.  Lindquist,  Jr. 

Laurence  C.  Cornwell 

COMMITTEE  REPORTS  CONTINUED 

KB  34 

relative  to  energy  facility  evaluation,  siting,  construction 
and  operations  and  providing  for  a  tax  on  refined  petroleum 
products. 

1.  Uanimous  report:  The  committee  moves  that  the  bill 
be  divided  as  follows:  Division  1,  Sections  1,  2  and  3  of  the  bill 
with  an  effective  date.  Division  2,  Section  4  of  the  bill  with  an 
effective  date. 

2.  On  Division  1  —  Majority:  Ought  to  pass  with  amend- 
ment. Rep.  Greene  for  Environment  and  Agriculture.  Minority: 
Ought  to  pass  with  further  amendment  (Reps.  Read,  MacGreg- 
or,  and  Curran) . 

Majority:  Basically  the  original  analysis  is  an  accurate  de- 
scription of  the  amended  bill  and  further  clarifies  details  of  it. 
Broadly  speaking  all  concerned  parties  are  in  agreement  with 
the  amended  version  with  one  exception.  This  will  be  consid- 
ered in  a  further  amendment  to  be  offered  from  the  floor. 

Minority:  To  show  that  the  Legislature  desires  to  allow  the 
decision  on  the  location  of  an  oil  refinery  to  be  made  by  the 
Energy  Facility  Evaluation  Committee  rather  than  by  local 
ordinance  or  regulation. 

The  amendment  also  increases  the  size  of  the  Energy  Fa- 
cility Committee  by  adding  the  Chairman  of  the  Board  of 
Selectmen  or  the  Mayor;  and  the  Chairman  of  the  Zoning  Board 
of  the  town  or  city  where  the  major  portion  of  the  refinery  is 
proposed  to  be  located. 

3.  On  Division  2  Report  of  the  committee  as  recommended 
by  Ways  and  Means  Committee: 


House  Journal,  7Mar74  175 

A.  That  Division  2  be  referred  to  the  Ways  and  Means 
Committee  of  the  House  for  interim  study  and  report  to  the 
1975  session  of  the  Legislature. 

B.  That  Division  2  be  referred  to  the  Supreme  Court  for 
an  advisory  opinion  as  to  the  constitutionality  thereof. 

C.  That  the  resolution  referring  the  same  to  the  Supreme 
Court  be  adopted. 

Reps.  Ruel  and  Kashulines  withdrew  from  the  minority 
report. 

AMENDMENT 

Amendment  to  Division  1  of  the  bill: 

Amend  the  bill  by  striking  out  section  3  and  inserting  in 
place  thereof  the  following: 

3  New  Chapter.  Amend  RSA  by  inserting  after  chapter 
162-G  the  following  new  chapter: 

Chapter  162-H 

Energy  Facility  Evaluation, 

Siting,  Construction  and  Operations 

162-H:  1  Declaration  of  Purpose.  The  legislature  recog- 
nizes that  the  selection  of  sites  for  energy  facilities  will  have  a 
significant  impact  upon  the  welfare  of  the  population,  the 
economic  growth  of  the  state  and  the  environment  of  the  state. 
The  legislature,  accordingly,  finds  that  the  public  interest  re- 
quires that  it  is  essential  to  maintain  a  balance  between  the 
environment  and  the  possible  need  for  new  energy  facilities  in 
New  Hampshire;  that  undue  delay  in  construction  of  any 
needed  facilities  be  avoided;  that  the  state  insure  that  the  con- 
struction and  operation  of  energy  facilities  is  treated  as  a  signifi- 
cant aspect  of  land-use  planning  in  ^vhich  all  environmental, 
economic  and  technical  issues  are  resolved  in  an  integrated 
fashion;  and  that  existing  laws  do  not  provide  adequate  public 
review  and  control  over  the  construction  and  operation  of 
energy  facilities.  The  legislature,  therefore,  hereby  establishes 
a  procedure  for  the  review,  approval,  monitoring  and  enforce- 
ment of  compliance  in  the  planning,  siting,  construction  and 
operation  of  energy  facilities. 

162-H: 2  Definitions. 


176  House  Journal,  7Mar74 

I.  "Commencement  of  construction"  means  any  clearing 
of  the  land,  excavation  or  other  substantial  action  that  would 
adversely  affect  the  natural  environment  of  the  site  of  the  pro- 
posed energy  facility,  but  does  not  include  land  surveying, 
optioning  or  acquiring  land  or  rights  in  land,  changes  desirable 
for  the  temporary  use  of  the  land  for  public  recreational  uses, 
or  necessary  borings  to  determine  foundation  conditions  or 
other  preconstruction  monitoring  to  establish  background  in- 
formation related  to  the  suitability  of  the  site  or  to  the  pro- 
tection of  environmental  use  and  values. 

II.  "Committee"  means  the  energy  facility  evaluation 
committee  established  by  this  chapter. 

III.  "Energy"  means  power  derived  from  a  natural  resource, 
including,  but  not  limited  to,  oil,  coal,  and  gas. 

IV.  "Energy  facility"  means  any  industrial  structure,  other 
than  bulk  power  supply  facilities  as  defined  in  RSA  162-F:2, 
that  may  be  used  substantially  to  extract,  manufacture,  or  re- 
fine sources  of  energy,  and  means  also  such  ancillary  facilities  as 
may  be  used  or  useful  in  transporting,  storing,  or  otherwise 
providing  for  the  raw  materials  or  products  of  any  such  indus- 
trial structure;  without  limiting  the  generality  of  the  foregoing, 
such  industrial  structures  include  oil  refineries,  plants  for  proc- 
essing liquefied  natural  gas,  and  plants  for  coal  conversion; 
further  without  limiting  the  generality  of  the  foregoing,  such 
ancillary  facilities  include  onshore  and  offshore  loading  and  un- 
loading facilities,  pipelines,  and  storage  tanks. 

V.  "Person"  means  any  individual,  group,  firm,  partner- 
ship, corporation,  cooperative,  municipality,  political  subdivi- 
sion, government  agency  or  other  organization. 

162-H:3  Energy  Facility  Evaluation  Committee.  The  en- 
ergy facility  evaluation  committee  shall  consist  of  the  mem- 
bers of  the  bulk  power  supply  facility  site  evaluation  committee 
established  by  RSA  162-F:3. 

162-H:4  State  Permits. 

I.  No  person  may  commence  construction  or  operation 
of  an  energy  facility  in  this  state  without  a  permit  from  the 
energy  facility  evaluation  committee. 

II.  The  committee  shall  incorporate  in  any  permit  issued 


House  Journal,  7Mar74  177 

hereunder  such  terms  and  conditions  as  may  be  specified  to 
the  committee  by  any  of  such  other  state  agencies  as  have  juris- 
diction, under  state  or  federal  law,  to  regulate  any  aspect  of 
the  construction  or  operation  of  the  proposed  facility;  pro- 
vided, however,  the  committee  shall  not  issue  any  permit  here- 
under if  any  of  such  other  state  agencies  denies  authorization 
for  the  proposed  activity  over  which  it  has  jurisdiction.  The 
denial  of  any  such  authorization  shall  be  based  on  the  record 
and  explained  in  reasonable  detail  by  the  denying  agency.  Not- 
withstanding any  other  provision  of  law,  the  application  re- 
quired by  RSA  162-H:6  shall  be  in  lieu  of  all  applications  other- 
wise requirable  by  any  of  such  other  state  agencies.  Further 
notwithstanding  any  other  provision  of  law,  the  hearings  con- 
ducted under  RSA  162-H:8  shall  be  joint  hearings  with  such 
other  state  agencies  and  shall  be  in  lieu  of  all  hearings  other- 
wise requirable  by  any  of  such  other  state  agencies;  provided, 
however,  if  any  of  such  other  state  agencies  does  not  otherwise 
have  authority  to  conduct  hearings,  it  may  not  join  in  hearings 
under  this  chapter;  provided  further,  however,  the  ability  or 
inability  of  any  of  such  other  state  agencies  so  to  join  shall  not 
affect  the  composition  of  the  committee  under  RSA  162-H:3 
nor  the  ability  of  any  member  of  the  committee  to  act  in  accor- 
dance with  this  chapter.  Subject  to  RSA  I62-H:6,  III,  but  not- 
withstanding any  other  provision  of  law,  each  of  such  other 
state  agencies  shall  make  and  submit  to  the  committee  a  final 
decision  on  such  parts  of  the  application  as  relate  to  its  juris- 
diction not  later  than  five  months  after  it  has  received  a  copy 
of  such  parts  in  accordance  with  RSA  162-H:6,  I.  Notwith- 
standing any  other  provision  of  this  section  or  this  chapter, 
each  of  such  other  state  agencies  shall  retain  all  of  its  powers 
and  duties  of  enforcement. 

162-H:5  Powers  of  the  Committee. 

I.  The  committee  shall  hold  hearings  as  required  by  this 
chapter  and  such  additional  hearings  as  it  deems  necessary  and 
appropriate. 

II.  The  committee  shall  have  the  authority  and  responsi- 
bility for: 

(a)  The  issuance  of  any  permit  hereunder; 

(b)  The  determination  of  the  terms  and  conditions  of  any 
permit  issued  hereunder,  subject  to  RSA  162-H:4; 


178  House  Journal,  7Mar74 

(c)  The  monitoring  of  the  construction  and  operation  of 
any  energy  facility  granted  a  permit  hereunder;  and 

(d)  The  enforcement  of  the  terms  and  conditions  of  any 
permit  issued  hereunder. 

III.  Tlie  committee  may  delegate  the  authority  to  monitor 
the  construction  or  operation  of  any  energy  facility  granted  a 
permit  hereunder  to  such  state  agency  or  official  represented  on 
the  committee  as  it  deems  appropriate,  but,  subject  to  RSA  162- 
H:4,  it  may  not  delegate  the  authority  to  hold  hearings,  issue 
permits,  determine  the  terms  and  conditions  of  a  permit  or  to 
enforce  a  permit.  An  authorized  representative  or  delegate  of 
the  committee  shall  have  a  right  of  entry  onto  the  premises  of 
any  part  of  the  energy  facility  to  ascertain  if  the  facility  is  be- 
ing constructed  or  operated  in  continuing  compliance  with  the 
terms  and  conditions  of  the  permit.  During  normal  hours  of 
business  administration  and  on  the  premises  of  the  facility,  such 
a  representative  or  delegate  shall  also  have  a  right  to  inspect 
those  records  of  the  permit-holder  that  are  relevant  to  the  terms 
or  conditions  of  the  permit. 

162-H:6  Application  for  Permit. 

I.  Each  application  hereunder  shall  contain  sufficient  in- 
formation to  satisfy  the  application  requirements  of  each  of 
such  other  state  agencies  as  have  jurisdiction,  under  state  or 
federal  law,  to  regulate  any  aspect  of  the  construction  or  opera- 
tion of  the  proposed  facility.  Upon  receipt  of  an  application, 
the  committee  shall  immediately  make  copies  thereof,  the  cost 
of  which  making  shall  be  borne  by  the  applicant,  and  shall  im- 
mediately forward  to  each  of  such  other  state  agencies  a  copy 
of  such  parts  of  the  application  as  are  relevant  to  its  jurisdic- 
tion. Upon  receipt  of  such  a  copy,  each  of  such  other  state 
agencies  shall  immediately  conduct  a  preliminary  review  there- 
of to  ascertain  if  the  application  contains  sufficient  information 
for  its  purposes.  If  the  application  doees  not  contain  sufficient 
information  for  the  purposes  of  any  such  other  state  agencies, 
that  agency  shall,  in  writing,  immediately  notify  the  committee 
of  that  fact  and  specify  what  information  the  applicant  must 
supply;  thereupon  the  committee  shall  provide  the  applicant 
with  a  copy  of  such  notification  and  specification.  Notwith- 
standing any  other  provision  of  la^v,  for  purposes  of  the  time 
limitations  imposed  by  RSA  162-H:10  on  the  committee  and 


House  Journal,  7Mar74  179 

by  RSA  162-H:4  on  such  other  state  agencies,  any  application 
made  hereunder  shall  be  deemed  not  received  either  by  the 
committee  or  by  any  of  such  other  state  agencies  if  the  applicant 
is  seasonably  notified  that  it  has  not  supplied  sufficient  informa- 
tion for  any  of  such  other  state  agencies  in  accordance  with  this 
subsection. 

II.  An  application  hereunder  shall  also: 

(a)  Describe  in  reasonable  detail  the  type  and  size  of  each 
major  part  of  the  proposed  facility; 

(b)  Identify  both  the  first  choice  and  any  other  choice  for 
the  site  of  each  major  part  of  the  proposed  facility; 

(c)  Describe  in  reasonable  detail  the  impact  of  each  ma- 
jor part  of  the  proposed  facility  on  the  environment  of  each 
site  proposed,  whether  as  first  choice  or  as  other  choice,  for 
such  part; 

(d)  Describe  in  reasonable  detail  the  applicant's  propo- 
sals for  studying  and  solving  environmental  problems; 

(e)  Describe  in  reasonable  detail  the  applicant's  financial, 
technical,  and  managerial  capability  for  construction  and  op- 
eration of  the  proposed  facility; 

(f)  Provide  such  additional  information  as  the  committee 
may  require  to  carry  out  the  purposes  of  this  chapter. 

Upon  receipt  of  such  an  application,  the  committee  shall 
immediately  conduct  a  preliminary  review  thereof  to  ascertain 
if  it  contains  sufficient  information  in  accordance  with  this 
subsection.  If  the  application  does  not  contain  such  sufficient 
information,  the  committee  shall,  in  writing,  immediately  no- 
tify the  applicant  of  that  fact  and  specify  what  information  the 
applicant  must  supply.  Notwithstanding  any  other  provision  of 
law,  for  purposes  of  the  time  limitations  imposed  by  RSA  162- 
H:10  on  the  committee  and  by  RSA  162-H:4  on  other  state 
agencies,  an  application  made  hereunder  shall  be  deemed  not 
received  either  by  the  committee  or  by  any  of  such  other  state 
agencies,  if  the  applicant  is  seasonably  notified  that  it  has  not 
supplied  sufficient  information  in  accordance  with  this  sub- 
section. 

III.  An  application  hereunder,  in  any  of  its  aspects,  may 
be  reasonably  modified  before  and  during  the  period  of  hear- 


180  House  Journal,  7Mar74 

ings  with  the  consent  of  the  committee;  provided,  however,  if 
any  of  such  other  state  agencies  as  have  jurisdiction,  under 
state  or  federal  law,  to  regulate  the  subject  matter  of  such 
modification  has  already  made  a  decision  in  accordance  with 
RSA  162-H:4,  it  may  alter  such  decision  in  reasonable  response 
to  such  modification;  provided  further,  however,  if  to  allow 
reasonable  inquiry  into  such  modification,  the  committee  or 
any  of  such  other  state  agencies  needs  time  in  addition  to  that 
provided  for  it  by  this  chapter,  it  may  take  as  much  additional 
time  as  is  necessary,  but  no  more  additional  time  than  is  neces- 
sary, to  allow  such  reasonable  inquiry. 

162-H:7  Disclosure  of  Ownership.  Any  application  for  a 
permit  shall  be  signed  and  sworn  to  by  the  person  or  executive 
officer  of  the  association  or  corporation  making  such  applica- 
tion and  shall  contain  the  following  information: 

I.  Full  name  and  address  of  the  person,  association  or  cor- 
poration; 

II.  If  an  association,  the  names  and  residences  of  the  mem- 
bers of  the  association; 

III.  If  a  corporation,  the  name  of  the  state  under  which 
it  is  incorporated  with  its  principal  place  of  business  and  the 
names  and  addresses  of  its  directors,  officers  and  stockholders; 

IV.  The  location  or  locations  where  a  client  is  to  conduct 
his  business; 

V.  A  statement  of  assets  and  liabilities  of  the  applicant  and 
other  relevant  financial  information  of  such  applicant; 

VI.  Within  four  months  after  the  close  of  each  fiscal  year 
of  the  applicant,  it  shall  file  with  the  committee  a  statement 
either  that  there  has  been  no  substantial  change  in  any  of  the 
information  in  the  application  or  a  description  of  any  such 
changes  as  have  occurred. 

162-H:8  Public  Hearing;  Rules.  Upon  receipt  of  an  applica- 
tion for  a  permit,  pursuant  to  RSA  162-H:6,  the  committee 
shall  hold  a  public  hearing  in  the  county  in  which  the  principal 
part  of  proposed  facility,  which  part  shall  be  determined  by  the 
committee,  is  to  be  located  within  sixty  days  and  shall  publish 
a  public  notice  not  less  than  t^venty-one  days  before  said  hearing 
in  each  newspaper  having  a  general  circulation  in  the  affected 
area  describing  the  location  of  the  proposed  facilities. 


House  Journal,  7Mar74  181 

I.  The  initial  session  of  the  hearing  within  such  county 
shall  be  for  public  information  on  the  proposed  facilities  with 
the  applicant  presenting  the  information  to  the  committee  and 
to  the  public  and  with  only  committee  members  asking  ques- 
tions for  clarification  on  the  development.  Subsequent  sessions 
of  the  hearing  shall  be  in  the  nature  of  adversary  proceedings. 
Every  fourth  subsequent  session  shall  be  held  in  such  county, 
and  all  other  hearings  may  be  held  in  Concord,  New  Hamp- 
shire, provided  there  is  adequate  notice  on  the  time  and  place 
of  the  hearing.  The  committee  shall  consider  and  weigh  all 
evidence  presented  at  the  public  hearings  and  any  other  material 
ancillary  thereto. 

II.  The  committee  shall  grant  free  access  to  records  and 
reports  in  its  files  to  members  of  the  public  during  normal 
working  hours  and  shall  permit  copies  of  such  records  and  re- 
ports to  be  made  by  interested  members  of  the  public  at  their 
expense. 

III.  The  committee  may  require  such  information  from 
the  applicant  and  state  agencies  and  officials  as  it  deems  neces- 
sary to  assist  it  in  the  conduct  of  hearings  and  in  making  any 
investigation  or  studies  it  may  undertake  and  in  the  deter- 
mination of  the  terms  and  conditions  of  any  permit  under 
consideration.  The  committee  shall  also  conduct  such  reason- 
able studies  and  investigations  as  it  deems  necessary  or  appropri- 
ate to  carry  out  the  purposes  of  this  chapter  and  may  employ 
consultants,  legal  counsel  and  other  staff  in  furtherance  of  the 
duties  imposed  by  this  chapter,  the  cost  of  which  shall  be  borne 
by  the  applicant  in  such  amount  as  may  be  approved  by  the 
committee. 

IV.  The  committee  shall  issue  rules  and  regulations  as  may 
from  time  to  time  be  required  to  carry  out  the  provisions  of 
this  chapter. 

I62-H:9  Findings. 

I.  In  order  for  the  committee  to  issue  a  permit  hereunder 
it  must  find  the  following: 

(a)  the  proposed  site  and  facility  will  not  unduly  interfere 
with  the  orderly  development  of  the  region  and  will  not  have 
an  unreasonably  adverse  impact  on  aesthetics,  historic  sites, 
air  and  water  quality,  the  natural  environment  and  the  public 
health  and  safety;  and 


182  House  Journal,  7Mar74 

(b)  the  applicant  has  adequate  financial,  technical,  and 
managerial  capability  to  assure  construction  and  operation  of 
the  facility  in  continuing  compliance  with  the  terms  and  con- 
ditions of  the  permit. 

II.  Findings  by  the  committee  shall  be  based  on  the  record 
and  shall  be  made  by  a  majority  vote  of  the  full  committee, 
whether  or  not  the  full  committee  is  present  for  voting. 

III.  In  the  consideration  of  applications  for  permits,  the 
committee  shall  fully  review  and  consider  all  environmental 
values  and  other  relevant  factors  bearing  on  whether  the  ob- 
jectives of  this  chapter  would  be  best  served  by  the  issuance  of 
the  permit.  The  committee  may  consult  with  interested  regional 
agencies  and  agencies  of  border  states  in  the  issuance  of  such 
permits. 

162-H:10  Permit  Deadline.  Subpect  to  RSA  162-H:6,  III, 
a  permit  shall  either  be  issued  or  denied  by  the  committee  with- 
in t^vclve  months  of  the  date  of  its  receipt  of  the  application  and 
may  contain  such  reasonable  terms  and  conditions  as  it  deems 
necessary  and  may  provide  for  such  reasonable  monitoring  pro- 
cedures as  may  be  necessary.  Such  determinations,  when  made, 
shall  be  final  and  in  writing  and  subject  only  to  the  provisions 
of  this  chapter. 

162-H:  1 1  Counsel  for  the  Public. 

I.  After  the  committee  has  recived  an  application,  in  ac- 
cordance Avith  RSA  162-H:6,  the  attorney  general  shall  appoint 
an  assistant  attorney  general  as  a  counsel  for  the  public.  The 
counsel  shall  represent  the  public  in  seeking  to  protect  the  qual- 
ity of  the  environment  and  in  seeking  to  assure  an  adequate 
supply  of  energy.  The  counsel  shall  be  accorded  all  the  rights, 
privileges,  and  responsibilities  of  an  attorney  representing  a 
party  in  a  formal  action. 

II.  This  section  shall  not  be  construed  to  prevent  any  person 
from  being  heard  or  represented  by  counsel;  provided,  however, 
the  committee  shall  have  the  right  to  compel  consolidation  of 
representation  for  such  persons  as  have,  in  the  committee's  rea- 
sonable judgment,  substantially  identical  interests. 

162-H:  12  Judicial  Review.  Decisions  of  the  energy  facility 
evaluation  committee  shall  be  reviewed  pursuant  to  RSA  541. 

162-H:  18  Enforcement. 


House  Journal,  7Mar74  18j 

I.  Whenever  the  committee  determines  that  any  term  or 
condition  of  any  permit  issued  hereunder  is  being  violated,  it 
shall,  in  writing,  notify  the  person  holding  such  permit  of  the 
specific  violation  and  order  such  person  immediately  to  termi- 
nate such  violation.  If,  fifteen  days  after  receipt  of  such  order, 
such  person  has  failed  or  neglected  to  terminate  such  violation, 
the  committee  may  suspend  such  person's  permit;  provided, 
however,  except  for  emergencies,  prior  to  any  such  suspension, 
the  committee  shall  give  written  notice  of  its  consideration  of 
suspension  and  of  its  reasons  therefor  and  shall  provide  oppor- 
tunity for  a  prompt  hearing  thereon. 

II.  The  committee  may  suspend  a  person's  permit  if  the 
committee  determines  that  such  person  has  made  a  material 
misrepresentation  in  its  application  or  in  the  supplemental  or 
additional  statements  of  fact  or  studies  required  of  the  appli- 
cant, or  if  the  committee  determines  that  such  person  has  vio- 
lated the  provisions  of  this  chapter  or  regulations  issued  here- 
under; provided,  however,  except  for  emergencies,  prior  to  any 
such  suspension,  the  committee  shall  give  written  notice  of  its 
consideration  of  suspension  and  of  its  reasons  therefor  and  shall 
provide  opportunity  for  a  prompt  hearing  thereon. 

III.  The  committee  may  revoke  any  permit  that  is  sus- 
pended hereunder  after  the  person  holding  such  suspended 
permit  has  been  given  at  least  ninety  days'  written  notice  of  the 
committee's  consideration  of  revocation  and  of  its  reasons  there- 
for and  has  been  provided  opportunity  for  a  full  hearing  there- 
on. 

162-H:14  Penalties. 

I.  The  superior  court  in  term  time  or  in  vacation  may 
enjoin  any  act  in  violation  of  this  chapter. 

II.  Any  construction  or  operation  of  energy  facilities  in 
violation  of  this  chapter,  or  in  material  violation  of  the  terms 
of  a  permit  issued  hereunder,  may  result  in  an  assessment  by 
the  superior  court  of  civil  damages  not  to  exceed  ten  thousand 
dollars  for  each  day  of  such  violation. 

III.  Whoever  commits  any  wilful  violation  of  any  provi- 
sion of  this  chapter  shall  be  guilty  of  a  misdemeanor  if  a  nat- 
ural person,  or  guilty  of  a  felony  if  any  other  person. 

162-H:15  Separability.  If  any  provision  or  clause  of  this 


184  House  Journal,  7Mar74 

chapter,  or  application  thereof  to  any  person  or  circumstances, 
is  held  invalid,  such  invalidity  shall  not  affect  other  provisions 
or  applications  of  the  chapter  which  can  be  given  effect  without 
the  invalid  provisions  or  application,  and  to  this  end,  the  pro- 
visions of  this  chapter  are  declared  to  be  severable.  Each  sec- 
tion of  this  chapter  shall  be  separable  from  all  other  sections 
hereof  and  the  nullification  of  any  section  of  this  chapter  shall 
have  no  effect  upon  the  remaining  sections  of  this  chapter. 

162-H:16  Records.  Complete  verbatim  records  shall  be 
kept  by  the  committee  of  all  hearings,  and  records  of  all  other 
actions,  proceedings  and  correspondence  of  the  committee  shall 
be  maintained,  all  of  which  records  shall  be  open  to  public 
inspection  as  provided  for  under  RSA  91-A. 

4  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Rep.  Greene  moved  that  HB  34  be  divided  as  follows: 
Division  I,  Sections  1,  2  and  3  of  the  bill  with  an  effective  date. 
Division  2,  Section  4  of  the  bill  with  an  effective  date. 

(Deputy  Speaker  in  the  Chair) 

Rep.  Greene  explained  the  majority  committee  amend- 
ment. 

(discussion) 

Reps.  Read  and  George  B.  Roberts,  Jr.  spoke  in  favor  of 
the  majority  committee  amendment. 

Majority  committee  amendment  adopted. 

Question  being  on  the  adoption  of  the  minority  report, 
ought  to  pass  with  further  amendment. 

(discussion) 

Reps.  Greene,  Chase,  George  B.  Roberts,  Jr.,  Sayer,  Parr, 
Dudley,  Colburn,  Twigg,  Hanson,  H.  Gwendolyn  Jones,  James 
E.  O'Neil,  Spirou,  Hammond,  Benton  and  Paul  McEachern 
spoke  against  the  minority  report. 

Reps.  Elizabeth  E.  Goff,  Curran,  Taber,  Elmer  L.  Johnson, 
Gorman,  and  Deoss  non-spoke  in  favor  of  the  minority  amend- 
ment. 

Reps.   Underwood,   Cecelia   L.   Winn,   LaRoche,   Rogers, 


House  Journal,  7Mar74  185 

Meserve,  Junkins,  Page,  Call,  Gillmore  and  Cotton  non-spoke 
against  the  minority  amendment. 

Reps.  Richard  L.  Bradley,  Currier,  Tony  Smith,  Altman, 
George  I.  Wiggins  and  Stevenson  spoke  in  favor  of  the  minority 
amendment. 

Rep.  Migneaiilt  wished  to  be  recorded  in  favor  of  the  mi- 
nority amendment. 

Rep.  Harold  E.  Thompson  wished  to  be  recorded  against 
the  minority  amendment. 

Question  on  the  adoption  of  the  minority  amendment. 

A  division  was  requested. 

121  members  having  voted  in  the  affirmative  and  209  in 
the  negative,  the  minority  amendment  lost. 

Rep.  Mabel  L.  Richardson  requested  a  roll  call. 

Reps.  Doris  L.  Thompson,  Joseph  L.  Cote,  T.  Anne  Web- 
ster, Parr  and  James  W.  Murray  withdrew  their  second. 

Reps.  George  E.  Gordon,  Metcalf,  Sweeney,  Lebel,  Pryor 
and  Curran  seconded  request  for  roll  call. 

Question  on  the  adoption  of  the  minority  report,  ought  to 
pass  with  further  amendment. 

ROLL  CALL 

YEAS:    109     NAYS:  233 

YEAS 

Coos  County: 

Metcalf,  Bushey,  Richardson,  Mabel  L.,  Kidder,  Victor  L., 
Fortier,  Valliere,  Brungot,  Gagnon,  Rebecca. 

Grafton  County: 

Curran,  Stevenson,  Fimlaid,  Bradley,  Richard  L.,  Clark, 
Jones,  Anthony  K.,  Anderson,  Fayne  E.,  Altman,  Buckman, 
Harrison,  Krainak,  Duhaime,  Eaton,  Myrl  R. 

Hillsborough  County: 

Perkins,  Arnold  B.,  Nelson,  Bragdon,  Brown,  G.  Win- 
throp,  Spalding,  Kenneth  W.,  Dwyer,  Geiger,  Bednar,  Currier, 
Seamans,    Rock,    Cobleigh,    Record,    Belcourt,    Charest,    Des- 


186  House  Journal,  7  Mar74 

marais,  Lachance,  Wilcox,  Coutermarsh,  Lebel,  Ackerson,  Mur- 
phy,  Briiton,  Cote,  Joseph  L.,  Cullity,  Barrett,  William  F., 
Healy,  Daniel  J.,  McDonough,  Clancy,  Drewniak,  Sullivan, 
Mary  J,,  Beaulieu,  Gelinas,  Taber,  Healy,  George  T.,  Mac- 
Donald,  Thibeault,  P.  Robert,  Burke,  O'Connor,  Timothy  K., 
Lynch,  Sweeney,  Lamy,  Levasseur,  Bernier,  Knight. 

Merrimack  County: 

Chandler,  Deoss,  Boucher,  Laurent  J.,  Enright,  Rice, 
Gamache,  Gordon,  George  E.,  Plourde,  Mattice,  Thompson, 
Doris  L.,  Wiggin,  Elmer  S.,  Fisher, 

Rockingham  County: 

Soule,  Thibeault,  George  J.,  Gorman,  MacGregor,  Read, 
Senter,  DeCesare,  Goff,  Elizabeth  E,,  Schwaner,  Simard,  Dame. 

Strafford  County: 

Dawson,  Colby,  Joncas,  Chasse,  Peter  N.,  Tanner,  Don- 
nelly, Kincaid,  Peabody. 

Sullivan  County: 
Rousseau, 

Belknap  County: 

Lawton,  Murray,  James  W, 

Carroll  County: 

Howard,  Donalda  K.,  Davis,  Dorothy  W.,  Webster,  T, 
Anne. 

Cheshire  County: 

Slicer,  Whipple,  McGinness,  Savage,  Forcier,  Streeter. 

NAYS 

Coos  County: 

Huggins,  Hunt,  Drake,  Burns,  Oleson,  Theriault,  Pryor, 

Grafton  County: 

Gallen,  Tilton,  Mann,  Ezra  B.,  Gemmill,  Bell,  Webb, 
Bradley,  David  J,,  Chambers,  Copenhaver,  Nutt,  Hough,  Sy- 
mons,  Townsend,  Madeline  G. 

Hillsborough  County: 

Eaton,  Joseph  M,,  Humphrey,  Howard  S,,  Withington, 
Mann,  Arthur  F,,  Murray,  Fred  E.,  Eaton,  Clyde  S.,  Heald, 
Philip  C,  Warren,  E,  George,  Colburn,  Archambault,  Orcutt, 


House  Journal,  7Mar74  187 

Roy,  Antonio  J.,  Harvell,  Van  Loan,  Ferguson,  Langdell,  Boyd, 
Hall,  Carswell,  Lyons,  Alukonis,  Bergeron,  Nutting,  Polak, 
Smith,  Leonard  A.,  Richardson,  John  W.,  Ethier,  McLaughlin, 
Parker,  Gerry  F.,  Zechel,  Woodruff,  Cote,  Margaret  S.,  Winn, 
John  T.,  Winn,  Cecelia  L,,  Gabriel,  Lefebvre,  McGlynn,  Au- 
but,  Boisvert,  Mason,  Ouellette,  Sullivan,  David  T.,  Erickson, 
Daniels,  Milne,  Horan,  Nardi,  Smith,  Craig  D.,  Spirou,  Shea, 
Dupont,  Gardner,  O'Neil,  Dorthea  M.,  D'AUesandro,  Gillmore, 
Lemire,  Armand  R.,  Normand. 

Merrimack  County: 

Kidder,  William  L.,  Thompson,  Arthur  E.,  Sherman,  Big- 
elow,  Parker,  Harry  C,  Hanson,  Bartlett,  Perkins,  John  B., 
Cushman,  Kopperl,  Humphrey,  James  A.,  Daniell,  Piper,  Cate, 
Haller,  Andersen,  Chris  K.,  Davis,  Alice,  McLane,  Newell, 
Jones,  H.  Gwendolyn,  Rich,  Underwood,  Harriman,  Wilson, 
Ralph  W.,  Howard,  C.  Edwin,  Woodward,  Hager,  Noble. 

Rockingham  County: 

King,  Stimmell,  Benton,  Davis,  Roy  W.,  Boucher,  William 
P.,  Kashulines,  Skinner,  Barka,  Belair,  Campbell,  Lemay,  Roy, 
Roy,  Vesta  M.,  Sayer,  Southwick,  Stevens,  William  J.,  Sununu, 
Spollett,  Webster,  Clarence  L.,  White,  Cummings,  Erler,  Good- 
rich, Hoar,  Sanborn,  Tavitian,  Rogers,  Hamel,  Akerman,  Casas- 
sa,  Cunningham,  Parr,  Smith,  Tony,  Brown,  Benjamin  A.,  Colli- 
shaw,  Eastman,  Junkins,  Page,  Twardus,  Stevens,  Elliot  A., 
Ellis,  Weeks,  Greene,  Hammond,  Lockhart,  Maynard,  Palfrey, 
Griffin,  Splaine,  Cotton,  McEachern,  Joseph  A.,  Call,  Connors, 
Hodgdon,  Keefe,  McEachern,  Paul. 

Strafford  County: 

Harvey,  Rowell,  Beckett,  Dudley,  Plumer,  Tirrell,  Bou- 
chard, Maloomian,  Hebert,  Meserve,  Ineson,  Thompson, 
Barbara  C,  Ruel,  Winkley,  LaRoche,  Preston,  Boisse,  Leighton, 
Bernard,  O'Connor,  Roderick  H.,  Parnagian,  McManus,  Pray. 

Sullivan  County: 

Townsend,  Sara  M.,  Barrus,  Spaulding,  Roma  A.,  Tucker, 
Brodeur,  Burrows,  D'Amante,  Lewko,  Scott,  Frizzell,  Olden, 
Williamson. 

Belknap  County: 

French,  Matheson,  Marsh,  Nighswander,  Wuelper,  Bowler, 
Roberts,  Charles  B.,  Roberts,  George  B.,  Twigg,  Huot,  Hil- 
dreth.  Pierce,  Randlett,  Sabbow,  Maguire. 


188  House  Journal,  7Mar74 

Carroll  County: 

Duprey,  Conley,  Chase,  Claflin,  Allen. 
Cheshire  County: 

Galloway,  Johnson,  Edward  A.,  Stevens,  Anthony,  O'Neil, 
James  E.,  Ladd,  Dunham,  Marshala,  Gordon,  Anne  B.,  Yard- 
ley,  Milbank,  Turner,  Raymond,  Ames,  Cooke,  Close,  Nims, 
Drew,  Scranton. 

Rep.  Scamman  abstamed  under  Rule  16. 

PAIRS 

Rep.  Elmer  Johnson  voting  yes;  Rep.  Donald  Jones  voting 
no. 

Rep.  George  Wiggins  voting  yes;  Rep.  Roger  Warren  vot- 
ing no. 
and  the  minority  amendment  lost. 

Division  1  of  HB  34  ordered  to  third  reading. 

Question  being  on  report  on  Division  2  of  HB  34. 

(a)  Refer  to  Ways  and  Means  Committee  for  interim  study. 

(b)  Refer  to  Supreme  Court  for  advisory  opinion. 

(c)  Adopt  referral  resolution. 

Reps.  Gerry  F.  Parker  and  Nutt  spoke  in  favor  of  referring 
to  Supreme  Court  for  constitutionality  and  legality. 

Rep.  George  B.  Roberts,  Jr.  spoke  in  favor  of  referring  to 
Supreme  Court. 

(discussion) 
Rep.  Sayer  explained  the  committee  report. 
Question  on  Division  2  of  HB  34. 
Division  2  adopted. 
Rep.  Newell  offered  an  amendment. 
AMENDMENT 
Amend  the  title  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

An  Act 
relative  to  energy  facility  evaluation,  siting, 
construction  and  operation. 
The  clerk  read  the  amendment  in  full. 
Reps.  George  B.  Roberts,  Jr.,  James  E.  O'Neil  and  Sayer 
spoke  against  the  Newell  amendment. 
Newell  amendment  lost. 


House  Journal,  7Mar74  189 

Report  on  Division  2  of  HB  34  adopted. 

SUSPENSION  OF  RULES 

Rep.  Drake  moved  that  the  rules  of  the  House  be  so  far 
suspended  as  to  permit  introduction  of  a  committee  report  not 
previously  advertised  in  the  calendar  on  HB  5,  relative  to  the 
office  of  energy  administrator,  and  to  permit  the  bill  to  be  taken 
up  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORT  CONTINUED 

HB  5 

relative  to  the  office  of  energy  administrator.  Ought  to  pass 
with  amendment.  Rep.  Drake  for  Appropriations. 

AMENDMENT 

Amend  the  bill  by  striking  out  all  after  section  5  and  in- 
serting in  place  thereof  the  following: 

6  Additional  Duties  of  the  Administrator.  Amend  RSA  339 
by  inserting  after  section  41  the  following  new  section. 

339:4 1-a  Protection  of  Retail  Dealers;  Report.  The  energy 
administrator  shall  further  be  responsible  for  developing  pro- 
tective measures  and  general  assistance  for  the  defense  of  the 
rights  of  New  Hampshire  gasoline  station  operators  and  retail 
fuel  oil  distributors  from  their  suppliers. 

Within  thirty  days  of  the  convening  of  any  regular  or  spe- 
cial session  of  the  legislature,  he  shall  issue  a  report  with  his 
recommendations  for  changes  or  additions  to  the  state  laws  for 
the  purpose  of  accomplishing  the  objectives  of  this  statute. 

7  Appropriation.  There  is  hereby  appropriated  for  the  bi- 
ennium  ending  June  30,  1975  the  sum  of  five  thousand  dollars 
to  be  expended  by  the  energy  administrator  to  carry  out  the  ob- 
jectives and  purposes  of  RSA  339:41-a.  The  governor  is  author- 
ized to  draw  his  warrant  for  said  sum  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

8  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 
The  clerk  read  the  amendment  in  full. 


190  House  Journal,  7Mar74 

Rep.  Huot  explained  the  committee  report. 

(discussion) 
Rep.  Raymond  spoke  against  the  report. 
Rep.  Daniell  spoke  in  favor  of  the  report. 
Amendment  adopted. 
Ordered  to  third  reading. 

(Speaker  in  tlie  Chair) 

HB  18 

requiring  local  approval  prior  to  approval  of  site  plans  for 
oil  refineries.  Majority:  Ought  to  pass  with  amendment. 

Rep.  Sununu  for  Municipal  and  County  Government. 

Minority:  Ought  to  pass  with  amendment.  (Reps.  Timo- 
thy K.  O'Connor  and  Burke) 

Majority:  The  committee  was  of  the  opinion  that  those  mu- 
nicipalities operating  under  a  zoning  ordinance,  such  as 
Durham  and  Rye,  already  had  adequate  authority  on  de- 
ciding the  question  of  the  establishment  of  an  oil  refinery. 
The  bill  as  amended  is  applicable  only  to  those  munici- 
palities without  a  zoning  ordinance. 

The  com.mittee  was  unanimously  in  favor  of  an  oil  refinery 
to  be  located  in  New  Hampshire,  but  only  Tvith  the  ap- 
proval of  the  local  population. 

Minority:  Felt  that  the  addition  of  local  officials  to  the  Site 
Evaluation  Committee  would  provide  adequate  representa- 
tion for  the  municipality.  The  issuance  of  a  "construction 
certificate"  would  override  any  municipal  ordinance. 

Minority  report  withdrawn. 

AMENDMENT 

Amend  RSA  162-F:l-b  as  inserted  by  section  1  of  the  bill 
by  striking  out  same  and  inserting  in  place  thereof  the  following: 

162-F:l-b  Approval  by  Towns.  A  site  plan  for  an  oil  re- 
finery shall  not  be  approved  and  an  oil  refinery  shall  not  be 
located  in  any  town  which  does  not  have  a  zoning  ordinance 
in  effect  without  a  vote  of  approval  of  a  majority  of  the  voters 


House  Journal,  7Mar74  191 

present  and  voting  on  the  question  at  an  annual  or  special  town 
meeting  called  for  such  purpose. 

Amend  the  introductory  paragraph  of  RSA  162-F:l-c  as 
inserted  by  section  1  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 

A  site  plan  for  an  oil  refinery  shall  not  be  approved  and 
an  oil  refinery  shall  not  be  located  in  any  city  which  does  not 
have  a  zoning  ordinance  in  effect  without  a  vote  of  approval 
as  hereafter  provided: 

Rep.  Harold  E.  Thompson  wished  to  be  recorded  in  favor 
of  the  majority  report. 

Amendment  adopted. 

Ordered  to  third  reading. 

HB  32 

relative  to  the  commission  and  taxes  on  pari-mutuel  pools 
at  dog  tracks.  Ought  to  pass  with  amendment.  Rep.  Sayer  for 
Ways  and  Means. 

The  amendment  provides  for  1/8  of  1%  to  be  expended 
for  promotion  of  agriculture  and  1/8  of  1%  to  be  ex- 
pended for  physical  improvements  at  agriculture  fairs. 

The  tax  portion  is  revised  and  will  be  explained  by  the 
committee. 

To  become  effective  on  passage. 

AMENDMENT 

Amend  the  bill  by  striking  out  all  after  section  1  and  in- 
serting in  place  thereof  the  following: 

2  Changing  the  Tax  Rates  Applicable  to  Dog  Racing. 
Amend  RSA  284:23,  Il-a,  (supp) ,  as  inserted  by  197'l,  541:12, 
by  striking  out  said  paragraph  and  inserting  in  place  thereof 
the  following: 

H-a.  Each  person,  association  or  corporation  licensed  to 
conduct  a  dog  race  or  dog  race  meet  under  this  chapter  shall 
pay  to  the  state  treasurer  a  sum  equal  to  six  percent  of  so  much 
of  the  total  contributions  to  all  pari-mutuel  pools  conducted  or 
made  at  any  dog  race  or  dog  race  meet  licensed  hereunder  as 


192  House  Journal,  7Mar74 

does  not  exceed  one  hundred  thousand  dollars,  seven  percent 
of  so  much  thereof  as  exceeds  one  hundred  thousand  dollars  but 
does  not  exceed  two  hundred  thousand  dollars,  nine  percent  of 
so  much  thereof  as  exceeds  two  hundred  thousand  dollars  but 
does  not  exceed  three  hundred  thousand  dollars,  and  ten  per- 
cent of  all  such  contributions  exceeding  three  hundred  thousand 
dollars.  Of  the  amount  so  paid  to  the  state  treasurer  a  sum  equal 
to  one-eighth  of  one  percent  of  said  total  contributions  shall  be 
expended  for  the  promotion  of  agriculture  in  the  state  and  one- 
eighth  of  one  percent  of  said  total  contributions  shall  be  ex- 
pended for  physical  improvements  at  agricultural  fairs,  under 
the  direction  of  the  commissioner  of  agriculture,  and  the  bal- 
ance shall  be  distributed  in  accordance  with  the  provisions  of 
section  2  of  this  chapter. 

3  Agriculture  Promotion  Distribution.  Amend  RSA  284:23, 
Ill-a,  as  inserted  by  1959,  181:4,  by  striking  out  said  paragraph 
and  inserting  in  place  thereof  the  following: 

Ill-a  Notwithstanding  any  other  provisions  of  this  chapter 
the  total  amount  to  be  expended  for  the  promotion  of  agricul- 
ture as  a  distribution  to  agricultural  fairs  shall  not  exceed  the 
sum  of  two  hundred  twenty-five  thousand  dollars  in  any  one 
year.  Whenever  the  one-fourth  of  one  percent  of  the  total  con- 
tributions to  all  pari-mutuel  pools  conducted  at  any  running 
horse  race  or  running  horse  meet  and  conducted  at  any  harness 
horse  race  or  harness  horse  race  meet,  which  under  the  pro- 
visions of  paragraph  I  and  II  of  this  section  are  to  be  expended 
for  the  promotion  of  agriculture  shall  exceed  one  hundred  fifty 
thousand  dollars  in  any  one  year,  said  excess  shall  be  paid  into 
the  general  funds  of  the  state.  Whenever  the  one-eighth  of  one 
percent  of  the  total  contributions  to  all  pari-mutuel  pools  con- 
ducted at  any  dog  race  or  dog  race  meet,  which  under  the  pro- 
visions of  paragraph  Il-a  of  this  section  are  to  be  expended  for 
the  promotion  of  agriculture,  shall  exceed  seventy-five  thousand 
dollars  in  any  one  year,  the  excess  shall  be  paid  into  the  general 
funds  of  the  state. 

4  Agricultural  Fair  Improvement  Expenditure  Limits. 
Amend  RSA  284:23,  as  amended,  by  inserting  after  paragraph 
Ill-a  the  following  new  paragraph: 

Ill-b  Notwithstanding  any  other  provisions  of  this  chapter, 
the  total  amount  to  be  expended  for  physical  improvements  at 


House  Journal,  7Mar74  193 

agricultural  fairs  shall  not  exceed  the  sum  of  seventy-five  thou- 
sand dollars  in  any  one  year.  Whenever  the  one-eighth  of  one 
percent  of  the  total  contributions  to  all  pari-mutuel  pools  con- 
ducted at  any  dog  race  or  dog  race  meet,  which  under  the  pro- 
visions of  paragraph  Il-a  of  this  section  is  to  be  expended  for 
physical  improvements  at  agricultural  fairs,  shall  exceed  seven- 
ty-five thousand  dollars  in  any  one  year,  the  excess  shall  be  paid 
into  the  general  funds  of  the  state. 

5  Distribution  for  Physical  Improvements  at  Agricultural 
Fairs.  Amend  RSA  284  by  inserting  after  section  25  the  follow- 
ing new  section: 

284:25-a  Distribution  for  Physical  Improvement  at  Agri- 
cultural Fairs.  The  portion  of  the  tax  on  pari-mutuel  pools  to 
be  expended  for  physical  improvements  at  agricultural  fairs,  as 
provided  in  RSA  284:23,  Il-a,  shall  be  distributed  by  the  com- 
missioner of  agriculture  in  equal  amounts  to  all  agricultural 
fairs  which  qualify  for  the  distribution  under  RSA  284:25.  All 
funds  distributed  under  this  section  shall  be  used  solely  for  im- 
provement of  buildings  and  grounds  at  such  agricultural  fairs 
under  the  supervision  of  the  commissioner  of  agriculture. 

6  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 
Rep.  Joseph  L.  Cote  spoke  against  the  amendment. 
Rep.  Drake  spoke  in  favor  of  the  amendment. 

Rep.  Sayer  explained  the  committee  report. 

Rep.  Nutt  further  explained  the  committee  report. 

(discussion) 
Rep.  Gerry  F.  Parker  spoke  in  favor  of  the  amendment. 
Amendment  adopted. 
Ordered  to  third  reading. 

SUSPENSION  OF  RULES 

Rep.  Greene  moved  that  the  rules  be  so  far  suspended  as 
to  dispense  with  hearing,  and  advertising  in  Journal  on  HB  36, 
permitting  the  sale  of  milk  in  three  quart  containers,  and  to 
permit  the  bill  to  be  taken  up  at  the  present  time. 

Rep.  Greene  explained  the  committee  report. 


194  House  Journal,  7Mar74 

(Rep,  Chase  in  the  Chair) 

Rep.  James  E.  O'Neil  spoke  in  favor  of  the  motion. 

(Speaker  in  the  Chair) 

Adopted  by  the  necessary  two-thirds. 

Rep.  Greene  moved  that  HB  36  be  ordered  to  third  read- 
ing. 

Adopted. 

Ordered  to  third  reading. 

SUSPENSION  OF  RULES 

Rep.  Hamel  moved  that  the  rules  be  so  far  suspended  as  to 
dispense  with  hearing  and  advertising  in  Journal  on  HB  37, 
to  provide  for  the  repeal  of  the  law  tending  to  prohibit  hitch- 
hiking, and  to  permit  the  bill  to  be  taken  up  at  the  present  time. 

Rep.  Hamel  explained  the  bill. 

Rep.  George  B.  Roberts,  Jr.  spoke  in  favor  of  the  motion. 

Adopted  by  the  necessary  two-thirds. 

SUSPENSION  OF  RULES 

Rep.  Hamel  moved  that  the  rules  be  so  far  suspended  as 
to  place  HB  37  on  third  reading  and  final  passage  at  the  present 
time. 

Adopted  by  the  necessary  two-thirds  vote. 

Ordered  to  third  reading. 

Third  reading  and  final  passage 

HB  37,  to  provide  for  the  repeal  of  the  law  tending  to  pro- 
hibit hitchhiking. 

RECONSIDERATION 

Rep.  Newell  moved  reconsideration  on  HCR  2,  establish- 
ing a  joint  committee  to  study  the  railroad  conditions  and  re- 
lated matters  in  the  state  of  New  Hampshire,  and  subsequently 
withdrew  his  motion. 


Rep.  Spirou  moved  reconsideration  on  HB  34,  relative  to 


House  Journal,  7Mar74  195 

energy  facility  evaluation,  siting,  construction  and  operations 
and  providing  for  a  tax  on  refined  petroleum  products. 

Reconsideration  lost. 


Rep.  Spirou  moved  reconsideration  on  HB  18,  requiring 
local  approval  prior  to  approval  of  site  plans  for  oil  refineries. 

Reconsideration  lost. 

RESOLUTION 

Rep.  George  B,  Roberts,  Jr.  moved  that  all  bills  ordered 
to  third  reading  be  read  a  third  time  by  this  resolution  and  that 
all  titles  of  bills  and  captions  of  resolutions  be  the  same  as 
adopted,  and  that  they  be  passed  at  the  present  time,  unless 
otherwise  ordered  by  the  House,  and  that  when  the  House  ad- 
journs today  it  be  to  meet  Tuesday  next  at  11:00  a.m. 

Adopted. 

THIRD  READING  AND  FINAL  PASSAGE 

HB  34,  relative  to  energy  facility  evaluation,  siting,  con- 
struction and  operations  and  providing  for  a  tax  on  refined 
petroleum  products. 

HB  15,  relative  to  redistricting  the  ward  lines  of  the  city 
of  Laconia. 

HB  18,  requiring  local  approval  prior  to  approval  of  site 
plans  for  oil  refineries. 

HB  32,  relative  to  the  commission  and  taxes  on  pari-mutu- 
el  pools  at  dog  tracks. 

HB  5,  relative  to  the  office  of  energy  administrator. 

HB  36,  permitting  the  sale  of  milk  in  three  quart  con- 
tainers. 

HCR  2,  establishing  a  joint  committee  to  study  the  rail- 
road conditions  and  related  matters  in  the  state  of  New  Hamp- 
shire. 

HCR  3,  relative  to  the  protection  of  the  New  Hampshire 
Fishing  Industry. 

On  motion  of  Rep.  Huot  the  House  adjourned  at  8:03  p.m. 


196  House  Journal,  12Mar74 

Tuesday,  12Mar74 

The  House  met  at  11:00  o'clock. 

Prayer  was  offered  by  Guest  Chaplain  Rev.  Gerald  Scrib- 
ner,  Second  Congregational  Church  of  Wilton. 

Eternal  Spirit,  for  this  day,  for  our  life,  for  this  country,  we 
give  You  praise  and  thanksgiving.  As  we  are  gathered  here  in 
this  hall,  we  ask  that  You  might  open  our  minds  to  understand- 
ing, our  hearts  to  truth,  and  our  spirit  to  wisdom. 

Lead  the  work  of  all  gathered  here,  that,  in  the  decisions 
and  laws  passed,  we  find  fairness,  justice  and  freedom.  In  the 
whole  of  our  state  and  country,  help  us  to  become  a  people  able 
to  pursue  our  opportunity  and  build  our  prosperity. 

May  Your  Spirit  be  in  the  debate,  lead  the  discussion  and 
guide  the  deliberations  that  all  the  work  done  here  is  accom- 
plished for  the  good  of  the  people  of  the  state  and  reflect  Your 
everlasting  virtues  of  Peace  and  Love.  Amen. 

PLEDGE  OF  ALLEGIANCE 
Rep.  Spirou  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 
Rep.  Lefebvre,  the  day,  illness. 

Reps.  Randall,  Grady  and  Conley,  today  and  tomorrow,  ill- 
ness. 

Reps.  Brungot,  Sanborn,  Woodward,  Nelson,  and  T.  Anne 
Webster,  the  day,  important  business. 

Rep.  Whipple,  today  and  tomorrow,  important  business. 

Reps.  Geiger,  Erickson  and  Bowler,  the  week  important 
business. 

SENATE  MESSAGES 

CONCURRENCE 

HE  9,  increasing  the  debt  limit  for  the  Londonderry  school 
district. 

HB  28,  authorizing  Franklin  Pierce  College  to  grant  the 
degree  of  juris  doctor. 


House  Journal,  12Mar74  197 

INTRODUCTION  SENATE  CONCURRENT 
RESOLUTIONS 

First,  second  reading  &:  referral 

SCR  1,  referring  the  question  of  the  reclassification  of  a 
certain  highway  in  the  town  of  Clarksville  to  a  joint  legislative 
committee.  Public  Works. 

SCR  2,  referring  the  question  of  compensation  for  the  town 
of  Gorham  to  a  joint  legislative  committee.  Public  Works. 

INTRODUCTION  SENATE  BILLS  &  SJR 
First,  second  reading  Sc  referral 

SB  12,  to  further  protect  the  rights  of  mobile  home  owners 
by  requiring  the  consumer  protection  division  of  the  attorney 
general's  office  to  promulgate  guidelines  as  to  what  constitutes 
reasonable  rules  and  regulations  for  mobile  parks  and  by  re- 
quiring that  tenants  be  given  copies  of  such  rules  and  regula- 
tions. Municipal  and  County  Government. 

SB  6,  relative  to  landlord-tenant  relations.  Judiciary. 

SB  10,  establishing  a  sire  stakes  program  and  a  standard- 
bred  breeders  and  owners  development  agency.  Environment 
and  Agriculture. 


o' 


SB  9,  legalizing  special  town  meetings  in  Wilmot  and  Pitts- 
field;  and  the  Seabrook  School  District  meeting.  Municipal  and 
County  Government. 

SB  17,  relative  to  the  New  Hampshire  Port  Authority,  the 
construction  of  fishing  facilities  at  Portsmouth,  Hampton  and 
Rye  harbors,  and  the  location  of  marine  science  docking  and 
related  facilities  for  the  university  of  New  Hampshire  and  mak- 
ing an  appropriation  therefor.  Public  Works. 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
sixty-five  years  of  age  or  older,  under  certain  circumstances,  and 
compensating  cities  and  towns  for  consequent  loss  of  tax  base 
and  making  an  appropriation  therefor,  and  making  certain  re- 
visions in  the  homeowners'  exemption  law.  Ways  and  Means. 

SB  18,  providing  additional  cost  of  living  increases  for  re- 
tired members  of  the  N.  H.  Teachers'  Retirement  System,  the 


198  House  Journal,  12Mar74 

N.  H.  Policemen's  Retirement  System,  the  N.  H.  Firemen's  Re- 
tirement System,  the  N.  H.  Retirement  System  and  the  State 
Employees  Retirement  System,  and  making  an  appropriation 
therefor;  providing  for  compensatory  contributions  for  inter- 
rupted service;  and  providing  for  an  actuarial  study  of  prefund- 
ing  to  be  paid  out  of  escrowed  funds  derived  from  an  interest 
assumption  change.  Executive  Departments  and  Administration. 

SB  7,  relative  to  capital  improvements  to  the  Mount  Wash- 
ington summit  and  making  an  appropriation  therefor.  Public 
Works. 

SB  1,  providing  for  open  and  honest  political  campaigns 
in  New  Hampshire  by  requiring  greater  accountability  and  full 
disclosure  of  campaign  contributions  and  expenditures;  and 
protecting  party  loyalty  by  disqualifying  defeated  primary  can- 
didates from  being  nominated  by  petition  under  certain  cir- 
cumstances. Stautory  Revision. 

SB  11,  establishing  a  state  historic  preservation  office  and 
making  an  appropriation  therefor.  Executive  Departments  and 
Administration. 


Under  Joint  Rule  12  the  Speaker  referred  the  following 
bills  to  the  House  Rules  Committee: 

SB  22,  establishing  a  study  committee  to  develop  a  plan 
to  provide  public  assistance  to  private  institutions  of  higher 
learning  in  this  state. 

SB  19,  specifying  procedures  for  termination  of  residential 
gas  or  electric  services. 

SB  27,  to  better  protect  the  safety  of  New  Hampshire  citi- 
zens and  law  enforcement  officers  by  changing  penalties  for 
homicide  in  certain  circumstances. 

SB  26,  providing  for  retirement  benefits  for  supreme  and 
superior  court  justices. 

SB  24,  authorizing  cities  and  towns  to  grant  franchises  for 
cable  television  systems. 

SB  23,  relative  to  the  membership  of  municipal  planning 
boards  and  providing  for  the  creation  of  cooperative  regional 
planning  commissions. 


House  Journal,  13Mar74  199 

SB  20,  providing  for  regulation  of  franchise  agreements 
for  the  sale  of  gasoline. 

SB  21,  establishing  a  commission  on  children  and  youth. 

SB  28,  to  establish  standards  of  care  and  treatment  of  alco- 
holics, intoxicated  persons,  and  drug  dependent  people. 

SB  29,  exempting  enterprises  selling  spirits  and  wines  to 
the  state  of  New  Hampshire  from  the  business  profits  tax. 

SJR  2,  establishing  an  interim  committee  to  study  oil  com- 
panies and  other  energy  suppliers. 

UNANIMOUS  CONSENT 

Rep.  Richard  L.  Bradley  addressed  the  House  by  unani- 
mous consent. 

On  motion  of  Rep.  Roma  A.  Spaulding  the  House  ad- 
journed at  11:33  a.m.  to  meet  tomorrow  at  11:00  a.m. 


Wednesday,  13Mar74 

The  House  met  at  1 1:00  o'clock- 
Prayer  was  offered  by  House  Chaplain   Rev.  Joseph  Y. 
Beaulieu. 

O  Lord,  our  God,  the  whole  world  You  loved  enough  to 
die  for,  is  moving  ahead,  with  wonder,  beauty,  and  power. 
Teach  us  to  put  our  power  and  skill  at  the  service  of  men  every- 
where. Amen. 

PLEDGE  OF  ALLEGIANCE 

Whereas  the  15th  of  March  is  the  birthday  of  President 
Andrew  Jackson,  who  as  General  Jackson  commanded  the  vic- 
torious American  troops  at  the  Battle  of  New  Orleans  in  1815; 
whereas  the  7th  Regiment  of  Infantry  is  the  former  regiment  of 
Rep.  Benton,  it  is  therefore  appropriate  that  Rep.  Benton  lead 
the  pledge  to  the  flag  today. 


200  House  Journal,  13Mar74 

LEAVES  OF  ABSENCE 

Rep.  Plumer,  the  day,  illness. 

Reps.  Maynard,  Martineau,  LaRoche  and  Gibbons,  indefi- 
nite, illness. 

Reps.  Edward  A.  Johnson  and  Armand  R.  Lemire,  the  day, 
important  business. 

COMMUNICATION 

Mr.  J.  Milton  Street,  Clerk 

Dear  Mr.  Street: 

On  March  13,  1974,  the  following  Representatives-elect 
appeared  before  the  Governor  and  Council  and  were  sworn  into 
office: 

Hillsborough  County  District  No.  18  (Nashua,  Ward  3) 
Robert  D.  Tropea,  r,  Nashua  03060  (2  Swart  Terrace) 

Rockingham  County  District  No.  15  (North  Hampton, 
Stratham)  Franklin  Wolfsen,  r.  North  Hampton  03862 

Strafford  County  District  No.  17  (Dover,  Ward  5)  Leo  E. 
Lessard,  d,  Dover  03820  (Old  Madbury  Lane) 

Edward  C.  Kelley 
Deputy  Secretary  of  State 

COMMITTEE  APPOINTMENTS  OF 
NEW  MEMBERS 

Rep.  Tropea,  Labor,  Human  Resources  and  Rehabilita- 
tion. 

Rep.  Lessard,  Education. 

Rep.  Wolfsen,  Fish  and  Game. 

RESOLUTION 

Rep.  George  B.  Roberts,  Jr.  offered  the  following  resolu- 
tion for  the  committee  on  rules: 

Resolved,  that  in  accordance  with  the  list  in  the  possession 
of  the  clerk  Senate  Bills  19,  20,  21,  22,  23,  24,  26,  27,  28,  29  and 
SJR  2  shall  be  by  this  resolution  read  a  first  and  second  time 


House  Journal,  13Mar74  201 

by  the  therein  listed  titles,  and  referred  to  the  therein  designated 
committees. 

Adopted. 

INTRODUCTION  OF  SENATE  BILLS 

First,  second  reading  &  referral 

SB  22,  establishing  a  study  committee  to  develop  a  plan 
to  provide  public  assistance  to  private  institutions  of  higher 
learning  in  this  state.  Education. 

SB  19,  specifying  procedures  for  termination  of  residential 
gas  or  electric  services.  Judiciary. 

SB  27,  to  better  protect  the  safety  of  New  Hampshire  citi- 
zens and  law  enforcement  officers  by  changing  penalties  for 
homicide  in  certain  circumstances.  Judiciary. 

SB  26,  providing  for  retirement  benefits  for  supreme  and 
superior  court  justices.  Judiciary. 

SB  24,  authorizing  cities  and  towns  to  grant  franchises  for 
cable  television  systems.  Statutory  Revision. 

SB  23,  relative  to  the  membership  of  municipal  planning 
boards  and  providing  for  the  creation  of  cooperative  regional 
planning  commissions.  Municipal  and  County  Government. 

SB  20,  providing  for  regulation  of  franchise  agreements  for 
the  sale  of  gasoline.  Executive  Departments  and  Administration. 

SB  21,  establishing  a  commission  on  children  and  youth. 
Public  Health  and  Welfare. 

SB  28,  to  establish  standards  of  care  and  treatment  of  al- 
coholics, intoxicated  persons,  and  drug  dependent  people.  Pub- 
lic Health  and  Welfare. 

SB  29,  exempting  enterprises  selling  spirits  and  wines  to 
the  state  of  New  Hampshire  from  the  business  profits  tax.  Ways 
and  Means. 

SJR  2,  establishing  an  interim  committee  to  study  oil  com- 
panies and  other  energy  suppliers.  Statutory  Revision. 

SENATE  MESSAGE 

CONCURRENCE  HB  WITH  SENATE  AMENDMENT 

(Amendment  printed  in  SJ,  March  7) 


202  House  Journal,  13Mar74 

HB  23,  continuing  present  city  of  Somersworth's  elected 
officials  in  office  until  the  next  regular  election,  and  constitu- 
tional convention  delegates  from  old  wards. 

Rep.  Benton  moved  that  the  House  concur  with  the  Sen- 
ate amendment. 

Adopted. 

COMMITTEE  REPORTS 

HB  2 

making  appropriations  for  capital  improvements.  Ought 
to  pass  with  amendment.  Rep.  Drake  for  Appropriations. 

AMENDMENT 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Appropriation.  The  sums  hereinafter  detailed  in  this  sec- 
tion are  hereby  appropriated  for  the  projects  specified  to  the 
departments,  agencies  and  branches  named: 

I.  Adjutant  General 

Concrete  floor  —  Manchester  Armory  150,000 

II.  Administration  and  Control 

(a)  Restore  and  refurbish  legis- 
lative chambers  and  3rd 

floor  of  state  house  $160,000* 

(b)  Refurbish  exterior  of  state  house  80,000 

(c)  Renovate  first  floor  toilets  30,000 
(d)  Clean  and  point  exterior-state  library  50,000 

(e)  Renovations  to  Purchase  and 
Property  Warehouse  68,000 


Total  Paragraph  II  388,000 

•The  projects  for  which  these  appropriations  are  made  shall,  notwith- 
standing any  statutes  to  the  contrary,  be  under  the  complete  and  sole 
control  of  the  Speaker  of  the  House  and  President  of  the  Senate  jointly. 
No  part  of  this  appropriation  shall  be  expended  for  the  Senate  Chamber 
proper. 

III.  Aeronautics  Commission 

(a)    Nashua  —  Land  for  ILS  $240,000 

Less  Federal  180,000 


Net  Appropriation  60,000 


House  Journal,  13Mar74  203 

(b)    Lebanon  —  Taxiway  $112,000 

Less  Federal  84,000 


Net  Appropriation  28,000 

Total  Paragraph  III  88,000 

IV.  Education  —  New  Hampshire  Voca- 
tional-Technical Colleges 

(a)  Nashua 

Automotive  building  —  Design, 
engineering,  and  working  draw- 
ings to  be  ready  for  1975 
Legislative  Session  |45,000 

(b)  Claremont 

Allied  health  science  building  — 
Design,  engineering,  and  work- 
ing drawings  to  be  ready  for 
1975  Legislative  Session  75,000 

(c)  Laconia 

New  equipment-two  graphic  arts 

pressess  and  two  related  items  78,000 

(d)  Berlin 

Automotive  shop  addition  143,000 

(e)  Manchester 

Library  extension  225,000 


Total  Paragraph  IV  566,000 

V.  Health  &  Welfare 

(a)  Office  building  —  phase  II  — 
Design,  engineering,  and  work- 
ing drawings  to  be  ready  for 

1975  Legislative  Session  $655,000 

(b)  N.  H.  Home  for  the  Elderly 

(Glencliff)    —  Laundry  83,600 

(c)  N.  H.  Hospital 

(1)  Reline  fuel  oil  tanks  $18,000 

(2)  Equipment  for  main 

building  kitchen  25,000 

(3)  Plumbing,  renovation, 
etc,  in  south  side 

main  building  69,000 

(4)  Plumbing,  renovation, 
etc.  in  north  side 

main  building  86,000 

(5)  Dolloff  building  —  reno- 
vate to  life  safety  code,  etc.  80,500 

(6)  Reconstruction  and  reno- 
vation of  Tobey,  Thayer, 
Brown,  and  Walker  buildings  — 


204  House  Journal,  13Mar74 


,  Design  and  engineer- 

ing all  four  buildings 

300,000 

,  Reconstruction  and 

renovation  of  Tobey 

building  complete: 

Construction 

823,400 

Contingencies 

100,000 

Equipment 

40,000 

Total  Subparagraph  (c)  1,541,900 

(d)  Laconia  State  School  and 
Training  Center 

(1)  Laundry  equipment  $55,000 

(2)  Dairy  barn  conversion  30,000 
(own  forces) 

(3)  Renovate  electrical 
entrance  and  outside 
wiring  phase  I  132,000 


Total  Subparagraph  (d)  217,000* 

*  Authority  is  hereby  granted  to  sell,  dispose  or  remove,  at 
no  cost,  the  silo  at  the  Laconia  State  School  and  Training  Cen- 
ter. Any  revenue  derived  from  its  sale  or  removal  shall  be  de- 
posited in  the  general  funds  of  the  state. 

Total  Paragraph  V  2,497,500 

VI.  New  Hampshire  Youth  Development 
Center  —  acquisition  of  one  youth 
residential  center  located  off  the 
present  property  but  within  the 

Manchester  area.  125,000* 

Spaulding  Cottage  renovation  55,000 

*This  appropriation  shall  be  reduced  by  any  available  fed- 
eral funds. 

Total  Paragraph  VI  180,000 

VII.  Liquor  Commission 

Addition  to  Portsmouth  store  No.  58  345,000 

VIII.  Department  of  Resources  and 
Economic  Development 

(a)  Relocation  and  reconstruc- 
tion of  forestry  nursery 
administration  building, 
laboratory.  Bear  Brook  central 

warehouse,  and  shop  area.  $65,000 

(b)  Division  of  Parks 

(1)  Engineering  and  construction 


House  Journal,  13Mar74 


205 


A.  Bear  Brook  —  new  water 

supply 

49,000 

B.  Franconia  —  phase  II 

snowmaking,  novice  slope 

development 

95,000 

C.  Greenfield  —  construct 

shower  building  and  ex- 

pand parking  and  picnick- 

ing area 

56,000 

D.  Odiorne  Point  —  site 

improvement  at  Frost  Point 

25,000 

E.  Pawtuckaway  —  sewage 

dumping  station  and 

beach  expansion 

40,000 

Total  Subparagraph  (b) 

$265,000 

Less  federal  assistance 

132,500 

Net  appropriation  subparagraph  (b) 
(c)  Capital  projects  —  utility 
construction  —  5  year  bonds 

(1)  Franconia  Notch  State 
Park  —  tram  overhaul 

(2)  Engineering  for  snow 
making  equipment  for 
Mt,  Sunapee 

Total  Subparagraph  (c) 
Total  Paragraph  VIII 

IX.  Department  of  Safety 

(a)  Office  building 

Plans  and  engineering  only 
including  parking  layout 
and  drawings 

(b)  Safety  services 

Boat  house  —  rebuild  and 
expand 

(c)  State  police 
Renovate  radio  station 
and  building 

Total  Paragraph  IX 

X.  Veteran's  Home 
Nursing  care  unit 
Less  federal  funds 

Net  state  appropriation  Paragraph  X 

XL  State  Prison 

Improvements  and  repairs  as 
follows:  replacing  windows 


$180,000 
12,500 


132,500 


192,500 
390,000 


$250,000 

25,000 

8,000 
283,000 

$2,134,720 
1,387,568 

747,152 


206  House  Journal,  13Mar74 

(main  cell  block) ,  renovate 
heating  (main  cell  block),  new 
roofs  on  hospital  and  old  boiler 
room,  No.  1  boiler  conversion  burn- 
er, toilets  for  annex,  renovate 
annex,  maximum  security  cells  in 
old  hospital  area  275,900 

XII.  Water  Resources  Board  —  Repairs, 
reconstruction  and  rebulding 
of  dams. 

(a)  Union  Meadows  $43,320 

(b)  Kingswood  Lake  53,420 

(c)  Glen  Lake  151,620 

(d)  Howe  Reservoir  29,640 

(e)  Winnisquam  Lake  114,000 


Total  Paragraph  XII  392.000 

XIII.  Water  Supply  and  Pollution 
Control  Commission 
Regional  waste  treatment  plant 

Winnispesaukee  River  Basin  $20,086,000 

Less  federal  funds  15,064,500 

Less  local  funds  1.004,300 


Net  state  appropriation  Paragraph  XIII  4,017,200 

XIV.  Public  Works  and  Highway, 
Division  of 

Constractual  maintenance  projects: 
5  year  bonds 
New  Hampshire  Hospital 
Concord,  N.  H. 

(a)  Overhauling  elevators  $40,000 

(b)  Reinsulate  warehouse  freezer  12.000 


Total  Paragraph  XIV  52,000 


Total  state  appropriation  Section  1  10,271.752 

2  Appropriation,  University  of  New  Hampshire.  The  sums 
hereinafter  detailed  in  this  section  are  hereby  appropriated  for 
the  projects  specified,  including  but  not  limited  to  the  pur- 
chasing, constructing,  furnishing  and  equipping  thereof,  to  the 
trustees  of  the  University  of  New  Hampshire  system: 

I.  Merrimack  Valley  Branch 

(a)  Development  of  outside 

utilities  $3,750,000 

(b)  Construction  of  first 

building  1,668,000 


House  Journal,  13Mar74  207 

(c)  Design  and  working  drawings 

of  second  building  175,000 


Total  Paragraph  I  $5,593,000** 

II.  Keene  Campus 

Renovation  of  former  Elliot 

Hospital  700,000* 

III.  Plymouth  Campus 

New  academic  building  complete  4,000,000** 

IV.  Durham  Campus 
Complete  renovation  of  James, 
Morrill,  Murkland,  and  Kingsbury 
Halls  to  conform  with  N.  H.  Life 

Safety  Code  486,000** 

V.  All  Campusei 

Phase  I  of  installation  of  fire 

detection  systems  in  various 

buildings  to  comply  with  N.  H. 

Life  Safety  Code  82,000** 

VI.  Snively  Arena  —  Fire  doors,  safety 
lights  and  devices  to  meet  Life 

Safety  Code  18.000** 


Total  state  appropriation  Section  2  $10,879,000 

*  These  funds  shall  not  be  transferred  or  used  for  any  other 
purposes  and  is  the  total  amount  to  be  appropriated  and/or 
expended  for  all  renovation  or  conversion  of  the  Elliott  prop- 
erty to  university  use,  and  the  following  priorities  in  spending 
will  apply:  (1)  repairs  to  roofs;  (2)  repairs  to  heating  equip- 
ment and  utilities  to  meet  minimum  applicable  life  safety  code 
standards;  (3)  minimum  alterations  required  to  make  usable 
buildings  for  administrative  and  academic  purposes. 

**  These  funds  shall  not  be  transferred  or  used  for  any 
other  purposes. 

3  Appropriation;  Self-Liquidating.  The  sum  of  two  million 
one  hundred  eighty-three  thousand  dollars  is  hereby  appropri- 
ated for  the  purpose  of  constructing,  furnishing,  and  equipping 
housing  and  dining  facilities  and  utilities  at  the  University  of 
New  Hampshire  as  follows: 

Durham 
Dormitory 

Construction  $2,040,000  *  * 


208  House  Journal,  13Mar74 

Furnishings  and  equipment  143,000* 


Total  section  3  $2,183,000 


*5  year  bonds 
**  30  year  bonds 

4  Expenditures,  General.  The  appropriation  made  for  the 
purposes  mentioned  in  sections  1  and  13,  and  the  sums  avail- 
able for  those  projects,  shall  be  expended  by  the  trustees,  com- 
mission, commissioner,  or  department  head  of  the  institutions 
and  department  referred  to  herein,  provided  that  all  contracts 
for  projects  and  plans  and  specifications  therefor,  shall  be 
awarded  in  accordance  with  the  provisions  of  RSA  228. 

5  Expenditures,  University  of  New  Hampshire. 

I.  The  appropriations  made  for  the  purposes  mentioned 
in  sections  2  and  3  and  the  sums  available  for  these  projects 
shall  be  expended  by  the  trustees  of  the  University  of  New 
Hampshire.  All  contracts  for  the  construction  of  all  or  any  part 
of  said  building  or  facilities  shall  be  let  only  after  competitive 
sealed  bids  have  been  received  and  only  after  an  advertisement 
calling  for  such  bids  has  been  published  at  least  once  in  each 
of  two  successive  calendar  weeks  in  a  newspaper  of  general  cir- 
culation in  New  Hampshire  or  in  a  trade  journal  known  to  be 
circulated  among  the  contractors  from  whom  bids  will  be 
sought  with  the  state  of  New  Hampshire  or  elsewhere  in  the 
area.  The  first  publication  of  such  advertisement  shall  be  not 
less  than  thirty  days  prior  to  the  date  the  bids  will  be  received. 
All  conditions  considered,  wherever  possible,  it  is  recommended 
that  the  services  of  New  Hampshire  architectural  and  construc- 
tion firms  be  considered  within  the  discretion  of  the  trustees. 

II.  Availability  of  Appropriation.  The  appropriations  made 
in  sections  2  and  3  are  available  for  all  costs  incidental  to  the 
erection,  furnishing,  and  equipping  of  these  facilities  including 
the  necessary  extension  of  utilities  and  includes  the  cost  of  the 
services  of  architects,  engineers,  and  other  consultants  of  such 
kind  and  capacity  as  the  university  board  of  trustees  may,  in  its 
discretion,  wish  to  employ  on  such  terms  and  conditions  as  the 
board  determines,  and  include  the  cost  of  furnishing  and  equip- 
ping the  facilities  with  moveable  equipment  and  furnishings 
not  affixed  to  the  buildings,  and  which  are  not  listed  in  the 
specifications  approved  for  implementation  of  the  construction 


House  Journal,  13Mar74  209 

plans.  These  monies  shall  be  spent  under  the  direction  of  the 
university  board  of  trustees. 

III.  Rejection  of  Low  Bids.  If,  in  the  judgment  of  the 
trustees  of  the  university,  just  cause  exists  indicating  the  lowest 
bid  should  be  rejected,  then  the  contract  may  be  awarded  to  the 
next  lowest  bidder,  or  if  the  next  lowest  bid  should  be  rejected, 
the  contract  may  be  awarded  to  the  third  lowest  bidder. 

IV.  Rejection  of  All  Bids.  The  board  of  trustees  of  the 
university  has  the  right  to  reject  any  and  all  bids  and,  if  the 
lowest  bid  is  in  excess  of  the  appropriation,  the  board  has  the 
right  to  negotiate  with  the  low  bidder  or  with  the  three  lowest 
bidders  for  a  contract  for  the  construction  upon  terms  considered 
most  advantageous  to  the  university.  If  only  one  bid  is  received, 
the  board  of  trustees  may  negotiate  a  contract  for  the  construc- 
tion on  terms  considered  most  advantageous  to  the  university 
and  to  the  state.  Any  authorization  contained  in  this  act  which 
is  a  variance  with  the  requirements  of  applicable  federal  law 
and  regulations  shall  be  controlled  by  the  terms  of  the  federal 
law  and  regulations. 

6  Land  Acquisition.  Any  land  acquired  under  the  appro- 
priations made  in  sections  1  and  13,  except  such  land,  if  any, 
as  may  be  acquired  under  the  appropriation  for  water  resources 
board,  shall  be  purchased  by  the  commissioner  of  public  works 
and  highways,  with  the  approval  of  governor  and  council. 

7  Bonds  Authorized.  To  provide  funds  for  the  total  of  the 
appropriations  of  state  funds  made  in  sections  1,  2  and  3  of  this 
act,  the  state  treasurer  is  hereby  authorized  to  borrow  upon  the 
credit  of  the  state  not  exceeding  the  sum  of  twenty-three  million 
three  hundred  thirty-three  thousand  seven  hundred  fifty-two 
dollars  and  for  said  purpose  may  issue  bonds  and  notes  in  the 
name  and  on  behalf  of  the  state  of  New  Hampshire  in  accord- 
ance with  the  provisions  of  RSA  6-A;  provided,  however,  that 
the  bonds  issued  for  the  purposes  of  section  1,  subparagraph 
VIII  (c),  paragraph  XIV  and  section  3  (furnishings  and  equip- 
ment $143,000)  of  this  act,  shall  have  a  maturity  date  of  five 
years  from  date  of  issue,  and  provided  further  that  the  bonds 
issued  for  the  purposes  of  section  3  (construction  $2,040,000) 
of  this  act  shall  have  a  maturity  date  of  thirty  years  from  the 
date  of  issue. 

8  Payments.   The  payment  of  principal  and  interest  on 


210  House  Journal,  13Mar74 

bonds  and  notes  issued  for  the  projects  in  sections  1,  2,  3  and 
13  shall  be  made  when  due  from  the  general  funds  of  the  state. 

9  Liquidation.  The  state  treasurer  is  authorized  to  deduct 
from  the  fund  accruing  to  the  university  under  RSA  187:24,  or 
appropriation  in  lieu  thereof,  for  each  fiscal  year  such  sums  as 
may  be  necessary  to  meet  interest  and  principal  payments  in 
accordance  with  the  terms  and  conditions  of  the  bonds  or  notes 
issued  for  the  purposes  of  section  2  and  3  hereof. 

10  Powers  of  Governor  and  Council.  The  governor  and 
council  are  hereby  authorized  and  empowered: 

I.  To  cooperate  with  and  enter  into  such  ageements  with 
the  federal  government  or  any  agency  thereof,  as  they  may  deem 
advisable,  to  secure  federal  funds  for  the  purposes  hereof. 

II.  To  accept  any  federal  funds  which  are,  or  become  avail- 
able for  any  project  under  sections  1  and  13  beyond  the  esti- 
mated amounts.  The  net  appropriation  of  state  funds  for  any 
project  for  which  such  additional  federal  funds  are  accepted 
shall  be  reduced  by  the  amount  of  such  additional  funds,  and 
the  amount  of  bonding  authorized  by  sections  7  or  14,  which- 
ever is  applicable,  shall  be  reduced  by  the  same  amount. 

11  Transfers.  The  individual  project  appropriations,  as 
provided  in  sections  1,  2,  3  and  13  shall  not  be  transferred  or 
expended  for  any  other  purposes;  provided  that  if  there  is  a 
balance  remaining  after  an  individual  project,  which  is  fully 
funded  by  state  funds,  is  completed,  said  balance  or  any  part 
thereof  may  be  transferred  by  governor  and  council  to  any  other 
individual  project  or  projects,  which  are  also  fully  funded  by 
state  funds,  within  the  same  section. 

12  Reduction  of  Appropriations  and  Bonding  Authority. 
If  the  net  appropriation  of  state  funds  for  any  project  provided 
for  by  sections  1,  2,  3  and  13  is  determined  on  the  basis  of  an 
estimate  of  anticipated  federal,  local  or  other  funds,  and  if  the 
amount  of  such  funds  actually  received  or  available  is  less  than 
said  estimate,  then  the  total  authorized  cost  for  such  project  and 
the  net  appropriation  of  state  funds  therefor  each  shall  be  re- 
duced by  the  same  proportion  as  the  proportion  by  which  fed- 
eral, local  or  other  funds  are  reduced.  The  amount  of  bonding 
authorized  by  sections  7  or  14,  whichever  is  applicable,  shall  be 
reduced  by  the  amount  that  the  appropriation  of  state  funds 
is  reduced  pursuant  to  this  section. 


House  Journal,  13Mar74  211 

13  Water  Resources  Board  Appropriation.  The  sums  here- 
inafter detailed  in  this  section  are  hereby  appropriated  for  the 
projects  specified,  for  capital  improvements  and  long-term  re- 
pairs thereto,  to  the  water  resources  board: 

I.  Baker  River  Watershed  Project 

Sites  6-A,  7,  and  11-A  $2,850,350 

Less  federal  funds  2,158,575 

Less  other  funds  81,000 


Net  state  appropriation  paragraph  I  $610,775 

II.  Cold  River  Watershed  Project 

Site  6   (jointly  with  state  of  Me.)  345,700 

Less  other  funds  34,000 

Less  federal  funds  296,000 


Net  state  appropriation  paragraph  II  15,700 

III.  Souhegan  River  Watershed  —  Site  No.  33  2,500 

Site  No.  8  40,000 


Total  paragraph  III  42,500 


Total  state  appropriation  section  13  $668,975 


14  Bonds  Authorized.  To  provide  funds  for  the  total  of 
the  appropriations  made  of  state  funds  in  section  1 3  of  this  act, 
the  state  treasurer  is  hereby  authorized  to  borrow  upon  the 
credit  of  the  state  not  exceeding  the  sum  of  six  hundred  sixty- 
eight  thousand  nine  hundred  seventy-five  dollars  and  for  said 
purposes  may  issue  bonds  and  notes  in  the  name  and  on  behalf 
of  the  state  of  New  Hampshire  in  accordance  with  the  provisions 
of  RSA  6-A. 

15  Appropriation  Extension.  The  appropriation  made  to 
the  water  resources  board  by  1971,  559,  X,  for  the  specified 
capital  expenditures  shall  be  available  for  expenditure  until 
July  1,1977. 

16  Certain  Parks  Appropriations  of  1971  Extended.  The 
following  appropriations  to  the  division  of  parks,  for  the  speci- 
fied capital  improvements,  shall  be  available  for  expenditure 
until  July  1,  1976: 


212  House  Journal,  13Mar74 

I.  1971,  559:1,  VII,  (1),  (a),  (i) ,  Franconia  Notch  State 
Park,  tramway  cable. 

II.  1971,  559:1,  VII,  (1) ,  (b) ,  Berlin  wayside  and  recrea- 
tion area. 

III.  1971,  559:1,  VII,  (1),  (g) ,  dredging  and  improve- 
ments of  Hampton  Harbor. 

17  Appropriation  for  Hooksett  Liquor  Store  Extended. 
Amend  1972,  42  by  inserting  after  section  4  the  following  new 
section: 

42:4-a  Appropriation  Extended.  Notwithstanding  any  other 
statute  to  the  contrary  the  appropriation  made  by  this  act  shall 
be  available  for  expenditure  up  to  July  1,  1976. 

18  Aeronautics  Commission.  Amend  the  footnote  in  Laws 
of  1969,  504:1,  III,  as  amended  by  Laws  of  1972,  62:3,  by  add- 
ing to  the  footnote  the  following  new  paragraph  (The  pro- 
visions within  this  footnote  which  appear  prior  to  this  inser- 
tion shall  not  apply  to  paragraphs  III,  (b)  and  (d) ,  but  said 
appropriations  shall  be  matched  with  any  applicable  federal 
funds  and  shall,  notwithstanding  the  provisions  of  RSA  9:18, 
not  lapse  until  June  30,  1974.) 

19  Angle  Pond  Appropriation  Increased.  Amend  Laws  of 
1969,  489:3,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

489:3  Expenditure  Authorized.  The  water  resources  board 
is  hereby  authorized  to  expend  a  sum  of  money  not  to  exceed 
thirty  thousand  dollars  for  use  in  acquiring,  repairing  and 
maintaining  the  dam  on  North  River  Pond  in  the  town  of 
Nottingham  and  the  dam  at  the  outlet  of  Angle  Pond  in  the 
town  of  Sandown  which  shall  be  a  charge  against  the  fund 
established  in  RSA  270:5,  VII. 

20  Pisgah  Road  Appropriation  Reduced  and  Extended, 
Amend  Laws  of  1971,  559:1,  VII,  (1) ,  (e)  ,  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following: 

(e)  Pisgah  Road  Improvements  $102,500 

Less  federal  funds  40,000 


Total  $62,500* 

*Within  this  appropriation  the  sum  of  $22,500  provides  for 


House  Journal,  13Mar74  213 

nonfederal  BOR  participation  projects.  This  appropriation  shall 
not  lapse  until  June  30,  1976. 

21  Reducing  the  Appropriation  for  the  Soldiers'  Home. 
Amend  Laws  of  1971,  559:1,  VIII,  by  striking  out  said  para- 
graph and  inserting  in  place  thereof  the  following: 

VIII.  Soldiers'  Home 

Engineering  services  —  renovations  2,000 

22  Reducing  the  1971  Capital  Budget  Bonding.  Amend 
Laws  of  1971,  559:8,  as  amended,  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

559:8  Bonds  Authorized.  To  provide  funds  for  the  appro- 
priations made  in  sections  1,  2,  3  and  16  of  this  act,  the 
state  treasurer  is  hereby  authorized  to  borrow  upon  the  credit 
of  the  state  not  exceeding  the  sum  of  eleven  million  four  hun- 
dred one  thousand  one  hundred  sixty-five  dollars  and  for  said 
purposes  may  issue  bonds  and  notes  in  the  name  and  on  behalf 
of  the  state  of  New  Hampshire  in  accordance  with  the  provisions 
of  RSA  6-A;  provided,  however,  that  the  bonds  issued  for  the 
purposes  of  section  3  of  this  act  shall  have  a  maturity  date  of 
thirty  years  from  the  date  of  issue. 

23  Legislative  Facilities  Committee.  Amend  1973,  368:1  by 
striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

368:1  Committee  Established.  A  joint  committee  on  legis- 
lative facilities  is  hereby  established  for  the  purposes  of  con- 
ducting, supervising  and  coordinating  the  renovating,  rebuild- 
ing, remodeling  or  construction  of  the  state-owned  building 
known  as  the  Old  Post  Office  located  in  Concord,  New  Hamp- 
shire, in  its  sole  discretion  as  it  deems  necessary,  for  hearing 
rooms,  meeting  rooms  and  other  facilities  for  the  use  and  con- 
trol of  the  legislature  and  their  supporting  activities.  Such  com- 
mittee shall  also  conduct,  supervise  and  coordinate  the  planning 
and  construction  of  a  legislative  parking  facility  to  be  located 
in  Concord,  New  Hampshire  for  the  use  and  control  of  the 
legislature  and  their  supporting  activities.  The  committee  shall 
consist  of  the  president  of  the  senate  and  the  speaker  of  the 
house,  the  majority  and  minority  leaders  of  each  body  and  one 
member  of  the  senate  appointed  by  the  president  of  the  senate 
and  one  member  of  the  house  appointed  by  the  speaker  of  the 


214  House  Journal,  13Mar74 

house  who  shall  be  members  from  the  office  space  study  com- 
mittee; and  an  additional  member  of  the  senate  appointed  by 
the  president  and  an  additional  member  of  the  house  appointed 
by  the  speaker.  The  committee  shall  meet  as  required  and  shall 
serve  without  compensation;  however,  the  committee  members 
shall  receive  legislative  mileage. 

24  Legislative  Parking  Facility.  Amend  1973,  368:2  by 
inserting  after  paragraph  IX  the  following  new  paragraphs: 

X.  The  committee  shall  have  the  authority  to  negotiate 
and  contract  with  the  city  of  Concord  for  the  acquisition  of  land 
or  air  rights  for  the  purpose  of  constructing  a  parking  facility 
for  the  use  of  the  legislature,  and  such  land  or  air  rights  may 
be  acquired  without  the  consent  of  the  governor  and  council. 

XI.  Notwithstanding  any  other  provisions  of  law  to  the 
contrary,  all  space  in  and  utilization  of  the  legislative  parking 
facility  shall  be  determined  by  the  president  of  the  senate  and 
the  speaker  of  the  house. 

25  Appropriation.  Amend  1973,  368  by  inserting  after  sec- 
tion 6  the  following  new  sections: 

368:6-a  Appropriation.  The  sum  of  seven  hundred  seventy 
thousand  dollars  is  hereby  appropriated  for  the  planning  and 
construction  of  a  legislative  parking  facility.  Said  sums  shall 
be  expended  by  the  legislative  facilities  committee.  The  com- 
mittee is  authorized  to  apply  for,  accept  and  expend  federal 
and  private  funds  that  may  be  made  available  for  the  purposes 
of  this  act  and  the  amount  of  state  funds  available  for  said  pur- 
poses shall  be  reduced  by  the  amount  thereof. 

368:6-b  Bonds  Authorized.  To  provide  funds  for  the  appro- 
priation made  in  section  6-a  of  this  act,  the  state  treasurer  is 
hereby  authorized  to  borrow  upon  the  credit  of  the  state  not 
exceeding  the  sum  of  seven  hundred  seventy  thousand  dollars, 
and  for  said  purpose  may  issue  bonds  and  notes  in  the  name 
and  on  behalf  of  the  state  of  New  Hampshire  in  accordance  with 
the  provisions  of  RSA  6-A. 

26  Powers  of  University  Trustees.  Amend  RSA  187:8,  as 
amended,  by  inserting  after  paragraph  IX  the  following  new 
paragraph: 

X.  To  maintain  and  operate  all  housing  facilities,  dining 


House  Journal,  13Mar74  215 

halls  or  other  food  service  facilities,  student  unions,  and  book- 
stores for  students  and  faculty  on  all  campuses  of  the  university 
system  which  are  in  existence  on  the  effective  date  of  this  para- 
graph or  which  may  later  be  constructed  and  to  collect  rents 
from  any  such  housing  facilities. 

27  Special  Funds  Established.  Amend  RSA  187  by  insert- 
ing after  section  10  the  following  new  section: 

187:10-a  Special  Funds  for  Self-amortizing  Projects.  The 
trustees  of  the  university  shall  keep  the  income  from  all:  hous- 
ing facilities,  dining  halls  and  other  food  service  facilities,  stu- 
dent unions,  and  bookstores  each  in  a  separate  fund  for  each 
division  or  campus  of  the  university  system.  From  each  such 
fund  shall  be  paid  the  proportionate  part  of  the  annual  interest 
on  the  state  borrowing  for  the  purpose  of  constructing  any  of 
the  four  above-mentioned  particular  facilities  at  the  particular 
division  of  campus,  and  a  like  proportionate  payment  of  install- 
ments of  principal  as  the  same  become  due  until  such  time  as 
all  obligations  incurred  by  the  state  for  any  of  said  four  facili- 
ties at  any  division  or  campus  have  been  met.  All  operating  and 
maintenance  expenses  of  the  four  above-mentioned  facilities 
shall  be  paid  from  the  applicable  separate  fund  hereby  estab- 
lished. 

28  Repeal.  The  following  statutes  are  hereby  repealed: 

I.  RSA  187:10,  relative  to  dormitory  rentals; 

II.  Laws  of  1967,  394:ll-a,  establishing  special  funds  for 
certain  university  buildings; 

III.  Any  statute  inconsistent  with  the  provisions  of  RSA 
187:8,  X  or  RSA  187:10-a. 

29  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 
Rep.  Drake  explained  the  committee  report. 

(discussion) 

Rep.  Tucker:  Mr.  Mann,  in  Paragraph  IV  for  education, 

N.  H.  Vocational-Technical  Colleges,  specifically  Nashua  and 
Claremont,  these  particular  buildings  were  in  the  original 
capital  budget  that  was  passed  in  the  regular  session  and  now 
the  construction  funds  have  been  withdrawn  and  engineering 
funds  are  left  in  on  this  particular  budget  item.  Would  you 


216  House  Journal,  13Mar74 

please,  for  the  benefit  of  the  House,  specifically  for  those  in  the 
Nashua  and  Claremont  areas,  present  to  us  the  thinking  of  the 
Public  Works  Committee  in  regard  to  those  two  particular 
projects.  Why  you  have  taken  the  action  you  have  and  what  is 
the  intent  —  the  legislative  intent  of  the  Public  Works  Com- 
mittee as  it  relates  to  these  two  projects. 

Rep.  Mann:  Mr.  Speaker,  as  we  discussed  in  the  hall,  I 
think  that  in  reviewing  in  depth  the  Nashua  and  Claremont 
schools  and  the  Health  and  Welfare  buildings,  we  found  that 
there  were  no  plans,  no  engineering.  Doing  it  this  way,  we  felt 
there  was  a  delay  of  about  three  months  because  this  is  a  half- 
year  capital  budget,  —  it  was  a  two-year  capital  budget.  You 
will  be  considering  another  capital  budget  in  about  a  year. 
Our  feeling  was  to  try  to  keep  these  as  an  on-going  project  and 
therefore,  to  try  to  (I  don't  know  know  as  I  should  say  to  com- 
mit the  legislature)  but  more  or  less  get  these  designs,  en- 
gineering, working  drawings  that  we  can  consider  in  the  next 
Legislative  session.  I  think  that  the  Public  Works  Committee, 
as  a  whole,  is  very  favorable  to  all  three  of  these  projects.  It  is 
just  money,  time,  and  —  you  know  what  happened  to  the  last 
capital  budget. 

Speaker:  Mr.  Raymond,  do  you  want  to  further  answer 
the  question? 

Rep.  Raymond:  I  would  like  to  speak  on  behalf  of  the 
Appropriations  Committee  as  a  whole  and  say  that  we  strongly 
supported  this  concept  in  the  last  session  and  you  can  be  sure 
we  are  not  stepping  aside  in  this  session.  We  agree  that  this  is 
good  sound  business  to  get  these  working  drawings  and  then 
get  the  actual  dollar  needs  we  have  early  in  1975  for  that  bud- 
get, and  then  we  can  move  forward. 

Rep.  Tucker:  Do  you  agree  with  Mr.  Mann  that  this  is 
regarded,  at  least  at  this  point  in  time,  as  an  on-going  project? 

Rep.  Raymond:  I  heard  the  comment  in  back  of  me,  "It 
wouldn't  be  in  there  if  it  wasn't"  and  I  am  tempted  to  agree 
with  him  because  —  let  me  remind  you  that  I  have  been  work- 
ing on  some  of  these  projects  since  1969  as  well  as  many  other 
people.  I  don't  think  we  are  going  to  let  it  go  down  the  drain 
now. 

Rep.  Tucker:  Thank  you. 

Speaker:  Mr.  D'Amante,  you  may  inquire. 


House  Journal,  13Mar74  217 

Rep.  D'Amante:  Mr.  Raymond,  I  had  an  amendment 
drawn  up  in  Paragraph  IV.  I  was  concerned  and  I  am  going  to 
withdraw  my  amendment.  I  am  not  even  going  to  offer  it,  but 
I  still  want  to  make  it  literate  and  make  sure  that  one  thing, 
that  all  these  Vo-Tech  schools  are  not  going  to  have  to  worry 
about  funds  to  complete  their  project  in  two  years.  Am  I  cor- 
rect in  my  thinking? 

Rep.  Raymond:  Mr.  D'Amante,  I  would  not  dare  prophesy 
what  you  and  the  members  of  this  honorable  General  Court 
will  do  in  the  next  session.  This  is  not  our  prerogative.  But, 
this  signifies,  as  it  is  listed,  the  intent  of  this  current  House 
to  continue  with  this  project. 

Rep.  D'Amante:  Then  we  are  laying  the  foundation  for 
this  project  to  be  completed? 

Rep.  Raymond:  Yes,  sir,  we  are  following  a  procedure 
which  we  initiated  in  1969  of  requiring  all  of  these  drawings 
and  I  hoped  you  wouldn't  press  me  to  the  point,  but  I  am  a 
little  bit  abashed  that  we  didn't  have  them  all  ready  now. 

Rep.  D'Amante:  Thank  you. 


Rep.  Chandler  spoke  against  the  amendment. 

(discussion) 

Rep.  Curran  spoke  against  the  amendment. 

Reps.  Sanborn,  Boisvert  and  George  B.  Roberts,  Jr.  spoke 
in  favor  of  the  amendment. 

Reps.  Gelinas  and  Nelson  non-spoke  in  favor  of  the  amend- 
ment. 

Amendment  adopted. 

Rep.  Horan  offered  an  amendment. 

The  Clerk  read  the  amendment  in  full. 

Rep.  Horan  spoke  in  favor  of  his  amendment. 

(discussion) 

Reps.  Williamson,  Orcutt,  French,  Spirou  and  Drake  spoke 
against  the  Horan  amendment. 

Reps.  Daniels,  Harry  C.  Parker,  Ellis  and  Lamy  non-spoke 
against  the  Horan  amendment. 


218  House  Journal,  13Mar74 

Reps.  Daniels,  Harry  C.  Parker,  Ellis  and  Lamy  non-spoke 
against  the  Horan  amendment. 

Rep.  Horan  requested  a  division. 

7  members  having  voted  in  the  affirmative,  and  274  in  the 
negative,  the  Horan  amendment  lost. 

Rep.  Plourde  offered  an  amendment. 

The  clerk  read  the  amendment  in  full. 

Rep.  Plourde  explained  his  amendment. 

(discussion) 

Reps.  Raymond,  Zachos,  Belair,  Gelinas  and  Drake  spoke 
against  the  Plourde  amendment. 

Reps.  Rock,  McDonough  and  Drew  non-spoke  against  the 
Plourde  amendment. 

Plourde  amendment  lost. 

Ordered  to  third  reading. 

Rep.  Sayer  offered  the  following. 

HOUSE  RESOLUTION 

Whereas  the  House  of  Representatives  by  resolution 
adopted  March  7,  1974,  referred  to  the  New  Hampshire  Su- 
preme Court  certain  questions  of  law  for  an  advisory  opinion 
concerning  the  taxation  provisions  contained  in  HB  34,  An 
Act  relative  to  energy  facility  evaluation,  siting,  construction 
and  operations  and  providing  for  a  tax  on  refined  petroleum 
products; 

And  Whereas  it  has  come  to  the  attention  of  the  House 
that  it  is  desirable  to  propound  a  supplementary  question  con- 
cerning said  bill  in  order  to  obtain  as  comprehensive  an  ad- 
visory opinion  as  possible  in  the  circumstances; 

Now  Therefore  be  it  resolved  by  the  House  of  Represen- 
tatives that  Request  No.  6865  now  pending  in  the  New  Hamp- 
shire Supreme  Court  be  supplemented  by  adding  thereto  the 
following  additional  question: 

3-a.  Would  it  be  a  valid  exercise  of  the  state's  taxing  powers 
to  amend  the  taxing  provisions  of  the  proposed  statute  so  as 
to  provide  that  the  tax  in  question  be  levied  as  an  ad  valorem 


House  Journal,  13Mar74  219 

tax,  namely,  a  reasonable  and  uniform  percentage  of  the  fair 
value  per  barrel  of  such  refined  petroleum  products? 

Be  It  Further  Resolved  that  the  Speaker  of  the  House 
transmit  seven  copies  of  this  supplementary  resolution  to  the 
Clerk  of  the  Supreme  Court  for  consideration  by  said  court. 

Adopted. 

Rep.  George  B.  Roberts  and  Coutermarsh  offered 
HOUSE  CONCURRENT  RESOLUTION  5 

establishing  a  schedule  of  legislative  days  for 
the  remainder  of  the  special  session. 

Be  It  Resolved  by  the  House  of  Representatives,  the  Senate 
concurring: 

That,  both  houses  of  the  General  Court  shall  each  adjourn 
from  the  eighth  legislative  day  to  March  19  which  shall  be  the 
ninth  legislative  day  and  thereafter  to  succeeding  legislative 
days  according  to  the  following  schedule: 

March  20,  the  tenth  legislative  day;  March  26,  the  eleventh 
legislative  day;  March  27,  the  twelfth  legislative  day;  March 
28,  the  thirteenth  legislative  day;  April  2,  the  fourteenth 
legislative  day;  and  April  11,  the  fifteenth  legislative  day. 

EXPLANATION 

March  27th,  the  12th  legslative  day,  is  the  last  day  for  all 
bills  passed  by  one  body  to  be  considered  by  the  other  body. 

April  2nd,  the  14th  legislative  day,  is  the  last  day  for  the 
adoption  of  all  committee  of  conference  reports. 

The  only  business  in  order  on  April  11th,  the  15th  legis- 
lative day,  will  be  the  consideration  of  any  vetoes  by  the  Gov- 
ernor. 

The  clerk  read  the  resolution  in  full. 

Rep.  George  B.  Roberts,  Jr.  explained  the  resolution. 

Reps.  Gerry  F.  Parker  and  Ethier  spoke  against  the  reso- 
lution. 

(discussion) 


220  House  Journal,  13Mar74 

Reps.  Coutermarsh,  Daniell  and  Zachos  spoke  in  favor  of 
the  resolution. 

Resolution  adopted. 

RECONSIDERATION 

Rep.  Drake  moved  reconsideration  on  HB  2,  making  ap- 
propriations for  capital  improvements. 

Reconsideration  lost. 

RESOLUTION 

Rep.  George  B.  Roberts,  Jr.  moved  that  all  bills  ordered 
to  third  reading  be  read  a  third  time  by  this  resolution  and  that 
all  titles  of  bills  be  the  same  as  adopted,  and  that  they  be  passed 
at  the  present  time,  unless  otherwise  ordered  by  the  House,  and 
that  when  the  House  adjourns  today  it  be  to  meet  Tuesday 
next  at  11:00  a.m. 

Adopted. 

Third  reading  and  final  passage 

HB  2,  making  appropriations  for  capital  improvements. 

UNANIMOUS  CONSENT 

Rep.  Zachos  addressed  the  House  by  unanimous  consent 
concerning  the  Speaker's  speech  in  Albany,  New  York. 

Rep.  Zachos  moved  that  Speaker  O'Neil's  address  be 
printed  in  the  Journal. 

Adopted. 

James  E,  O'Neil,  Sr. 

Speaker  of  the 

NEW  HAMPSHIRE  HOUSE  OF  REPRESENTATIVES 

Lecture  Address 

"Emerging  Dynamism  of  State  Legislatures" 

By  invitation  of 
New  York  Senate  Majority  Leader  Warren  M.  Anderson 

and 


House  Journal,  13Mar74  221 

President  Louis  T.  Benezet 
State  University  of  New  York  at  Albany 

before  the 
Distinguished  American  Legislative  Leaders 

Monday,  February  25,  1974 

This  evening  I  would  like  to  share  with  you  some  of  my 
thoughts  on  the  proper  role  of  state  legislatures  in  these  chang- 
ing and  often  difficult  times. 

If  we  as  legislators  are  to  control  our  own  destiny,  we  must 
first  define  what  we  wish  that  destiny  to  be. 

Let  us  begin  by  reflecting  for  a  moment  upon  how  and  why 
our  branch  of  government  was  conceived  and  the  nature  of  the 
role  it  was  designed  to  play. 

The  lessons  of  history  convinced  our  Founding  Fathers 
that  no  single  segment  of  society  should  control  our  government. 
Their  solution  was  the  federal  system  —  a  balance  of  power, 
first  between  the  states  and  the  national  government  and  sec- 
ondly, within  the  national  government  itself. 

This  system  of  checks  and  balance  forms  the  bedrock  of  our 
system  of  self-government.  It  is  in  the  interest  of  every  Ameri- 
can to  keep  all  of  its  parts  strong  and  of  equal  power. 

Yet,  at  the  present  time,  our  governmental  equation  is  out 
of  balance. 

The  scales  that  weigh  the  federal  system  have  tilted  to  re- 
flect the  pre-eminence  of  Washington  in  relation  to  the  states. 
And  similarly,  within  the  national  government  itself  the  power 
of  the  President  and  of  the  Judiciary  have  increased  —  at  the 
expense  of  the  Congress. 

Unfortunately,  it  is  not  only  in  Washington  that  we  find 
an  erosion  of  the  powers  of  the  legislative  branch. 

Our  state  legislatures  —  once  proud  and  strong  —  have  let 
their  rightful  place  slip  from  them. 

I  would  submit  that  a  strong  and  equal  legislative  branch 
is  as  important  in  your  state  capitol  as  it  is  in  Washington. 

Any  legislative  body  that  is  weak  is  not  capable  of  reconcil- 


222  House  Journal,  13Mar74 

ing  the  ever-increasing,  complex  and  conflicting  demands  of 
today's  society. 

And  make  no  bones  about  it  —  it  is  our  job  as  legislators  to 
reconcile  these  demands. 

Under  both  our  State  and  Federal  Constitutions,  the  legisla- 
tive is  the  only  branch  that  can  make,  amend  or  eliminate  laws. 
It  is  only  in  the  forums  of  Senate  and  House  that  these  basic 
principles  that  govern  our  lives  are  made. 

And  while  the  three  branches  of  our  governments  should 
indeed  be  equal,  I  would  suggest  that  legislatures  were  intended 
to  be  the  pivotal  institutions  in  this  democracy  —  and  thus  a 
little  bit  more  equal  than  the  other  two  branches. 

While  perhaps  a  bit  self-serving,  the  following  statement 
issued  in  1816  by  a  congressional  select  committee  does  empha- 
size the  importance  of  the  lawmaking  power. 

"Of  all  the  powers  with  which  the  people  have  invested 
the  Government,  that  of  legislation  is  undoubtedly  the  chief. 
In  addition  to  its  own  important,  ordinary  duties,  the  Legisla- 
ture is  the  only  power  which  can  create  other  powers.  .  .  . 

"Over  the  most  numerous  branch  of  the  Legislature,  there- 
fore, the  people  have  retained  the  power  of  frequent  elections; 
and  with  this  branch  alone  they  have  trusted  the  original  exer- 
cise of  the  risfht  of  taxation. 


'C3' 


■'The  members  of  the  House  of  Representatives  are  the 
special  delegates  and  agents  of  the  people  in  this  high  trust. 
They,  and  they  alone,  can  touch  the  mainspring  of  the  public 
prosperity.  They  are  elected  to  be  the  guardians  of  the  public 
rights  and  liberties." 

Most  people  neither  understand  nor  appreciate  how  a  legis- 
lature works.  As  legislators  we  have  twin  functions  —  and  twin 
faces. 

On  one  hand,  we  are  the  representatives  of  the  people  and 
we  look  to  them  —  searching  out  and  receiving  public  problems. 

On  the  other,  we  must  look  to  the  law  itself  —  to  the  de- 
velopment of  public  policy  and  its  implementation. 

I  quote  from  the  Federalist  essay  No.  62,  "A  good  govern- 
ment implies  two  things;  first,  fidelity  to  the  object  of  govern- 


House  Journal,  13Mar74  223 

ment,  which  is  the  happiness  of  the  people;  secondly,  a  knowl- 
edge of  the  means  by  which  that  object  can  be  best  attained." 

Put  another  way,  legislatures  are  really  two  separate  things: 
a  collectivity  and  an  institution. 

As  a  collectivity,  we  as  legislators  act  as  receptors  and  reflect 
the  needs  and  wants  of  constituents. 


As  an  institution,  we  as  legislators  have  to  make  laws  and 
ve  at  some  conclusions  about 
as  what  we  have  been  asked  to  do. 


arrive  at  some  conclusions  about  what  ought  to  be  done  as  well 


As  all  of  you  know  from  experience,  these  are  not  neces- 
sarily compatible  functions.  Thus  a  major  organizational  prob- 
lem for  any  legislature  is  the  development  of  means  by  which 
a  collection  of  individual  representatives  can  function  as  an 
institution.  In  most  American  legislatures,  the  committee  sys- 
tem is  designed  to  facilitate  representative  and  problem-defining 
functions  (the  face  to  the  public)  ;  the  political  party  and  leader- 
ship systems  seek  to  facilitate  the  compromises  necessary  to 
arrive  at  conclusions   (the  face  to  the  government.) 

The  fact  that  neither  operates  smoothly  says  more  about  the 
complexities  of  the  tasks  to  be  performed  than  about  the  com- 
petency of  the  legislators  —  a  point  normally  missed  by  critics 
of  legislatures  at  all  levels. 

We  are  too  often  criticized  for  ignoring  problems  while 
simultaneously  being  ridiculed  for  making  the  compromises 
necessary  to  get  action  to  resolve  them. 

So  as  legislatures  we  have  twin  faces.  To  complicate  things 
further,  we  are  also  —  with  a  single  exception  —  twin-headed. 
This  bicameral  feature  is  so  obvious  as  to  hardly  bear  mention- 
ing. And  yet  it,  too,  is  ignored  by  most  commentators. 

A  legislature  is  not  a  thing.  It  is  two  things  —  a  House  and 
a  Senate. 

And  although  the  legislature  as  a  whole  is  designed  to  be 
both  a  collectivity  and  an  institution,  these  two  functions  were 
not  intended  to  be  shared  equally. 

The  House  of  Representatives  is  just  that  —  a  house  of 
representatives.  It  is  the  place  of  public  access  and  thus  naturally 
faces  a  difficult  transition  from  collectivity  to  institution.  The 


224  House  Journal,  13Mar74 

pull  of  the  house  will  always  be  more  toward  the  people  than 
it  is  toward  the  law. 

While  the  Senate  is  not  exactly  the  house  of  unrepresenta- 
tion,  most  senates  were  intentionally  structured  to  be  somewhat 
more  distant  from  the  people.  The  United  States  Senate  —  and 
those  in  many  states  —  were  not  originally  elected  by  popular 
vote.  Every  indication  is  that  the  founding  fathers  viewed  the 
Senate  as  the  deliberative  chamber  —  its  function  one  of  de- 
bating and  contemplation  so  the  collectivity  might  move  toward 
temperate  resolution  of  public  problems.  Federalist  essay  No.  62 
expressed  fear  of  the  effects  of  popular  representation,  and  des- 
ignated the  Senate  as  a  corrective: 

"The  necessity  of  a  Senate  is  not  less  indicated  by  the 
propensity  of  all  single  and  numerous  assemblies  to  yield  to 
the  impulse  of  sudden  and  violent  passions,  and  to  be  seduced 
by  factious  leaders  into  intemperate  and  pernicious  resolu- 
tions." 

How  complicated  all  this  is,  and  yet  how  important! 

For  in  describing  this  magnificent  system  as  it  was  designed 
to  be,  we  also  define  the  magnitude  of  our  loss  when  legislatures 
do  not  fulfill  their  potential. 

A  weakness  in  any  legislative  body  will  upset  the  balance 
among  the  branches  of  our  governments. 

But  the  weaknesses  of  state  legislatures  are  even  more  signif- 
icant for  they  also  contribute  to  the  inability  of  state  govern- 
ments to  maintain  the  intended  balance  of  the  federal  system. 

While  I  am  not  one  to  hold  that  every  expansion  of  the 
federal  government  is  wrong  and  somehoAv  sinister,  the  present 
imbalance  in  the  system  prevents  us  from  realizing  the  benefits 
it  was  intended  to  provide. 

Terry  Sanford  has  described  this  potential  loss:  "The  fed- 
eral system,  preserved  as  a  federal  system,  is  the  institution  of 
restraint.  The  competitive  governments  serve  not  only  to  re- 
strain absolute  power,  they  serve  positive  purposes  as  well.  The 
internal  clashes  and  conflicts  promote  the  creative  tension  that 
adds  to  the  competitive  features  in  a  constructive  manner.  With 
weak  state  governments,  the  tension  is  less,  and  there  is  less 
challenge  and  weaker  competition.  It  is  as  if  a  runner  sought 


House  Journal,  13Mar74  225 

to  set  a  world  record  without  anyone  pressing  him  to  do  his 
best.  Without  the  tension  of  competition,  the  whole  race  is 
slower." 

Fortunately,  the  past  few  years  have  seen  an  impressive  re- 
surgence of  state  legislatures  and  thus  a  strengthening  of  state 
government  as  a  whole.  While  our  resources  do  not  yet  match 
our  responsibilities,  state  governments  have  begun  to  equip 
themselves  to  meet  the  challenges  of  the  times. 

In  reaching  for  tools  to  help  us  meet  our  responsibilities, 
we  have  created  a  number  of  new  organizations  to  serve  our 
mutual  interests,  such  as  the  Advisory  Commission  on  Inter- 
Governmental  Relations,  the  Council  of  State  Governments, 
the  Citizens  Conference  on  State  Legislatures,  and  the  Eagleton 
Institute. 

From  these  organizations  and  groups  come  a  host  of  ac- 
tivities to  support  and  strengthen  our  efforts  as  legislators  and 
legislatures. 

We  in  New  Hampshire  have  not  hesitated  to  take  advan- 
tage of  these  new  resources. 

Our  small  state  is  now  facing  a  $600,000,000  proposal  from 
Aristotle  Onassis  to  build  a  complex  that  includes  an  oil  re- 
finery and  a  massive  off-shore  loading  and  unloading  complex. 

All  of  this  is  proposed  to  be  located  on  New  Hampshire's 
sixteen  miles  of  coast  line  and  in  the  same  community  that  hosts 
our  state  university. 

This  one  plant  would  produce  as  much  or  more  product 
than  the  six  refineries  now  located  in  New  Jersey  to  say  nothing 
of  the  potential  effects  on  the  off-shore  operations.  The  electric 
power  needed  to  operate  the  refinery  alone  would  nearly  meet 
the  needs  of  a  city  the  size  of  Houston.  All  this  in  a  small  state 
of  750,000  people! 

Where  does  a  small  state  legislature  with  almost  no  re- 
search capability  turn  for  advice  and  assistance  in  making  de- 
cisions of  this  size  and  potential  importance?  A  few  years  ago, 
it  would  have  been  very  difficult  to  find  the  help  we  so  desperate- 
ly needed. 

We  turned  to  the  Council  of  State  Governments.  Their 
Interstate  Clearinghouse  quickly  put  together  a  team  of  con- 


226  House  Journal,  13Mar74 

sultants  from  Texas,  New  Jersey  and  Maine.  These  are  all  states 
which  have  developed  expertise  in  this  field  and  were  willing 
to  detach  a  team  to  assist  us.  Through  a  series  of  hearings  and 
workshops,  we  amassed  a  tremendous  amount  of  data  and  back- 
ground material  that  is  already  invaluable  to  us  as  we  debate 
the  issue  during  our  current  special  session. 

It  should  be  made  clear  that  this  team  did  not  come  into 
New  Hampshire  to  tell  us  whether  we  should  or  should  not 
accept  this  refinery  —  but  rather  to  help  us  objectively  assess 
the  pros  and  cons.  This  they  did. 

A  number  of  other  states  have  used  this  service  in  a  variety 
of  ways  including  governmental  restructuring,  state  motor 
pools,  state  revenue  agency  reorganization  and  data  processing 
evaluation. 

Through  the  annual  and  periodic  meetings  and  workshops 
of  legislative  leaders,  legislators  and  legislative  staff,  a  very 
significant  effort  is  going  on  across  the  country  to  upgrade  our 
entire  effort  in  State  government.  These  efforts  have  been  well 
organized  and  have  brought  outstanding  talent  from  the  various 
state  legislative  agencies  and  departments  into  workshop  situa- 
tions where  a  sharing  of  ideas,  concepts  and  concerns  does  so 
much  to  improve  our  individual  legislative  operations. 

I  recently  had  the  honor  of  chairing  a  workshop  with  legis- 
lative staff  people  that  included  your  State  and  others  talking 
about  partisan  and  nonpartisan  staffing.  This  particular  session 
generated  a  fine  dialogue  amongst  the  participants. 

I  will  not  dwell  further  on  this  particular  area  but  again 
would  indicate  this  is  a  most  helpful  development  and  indi- 
cates to  me  that  we  as  State  legislators  are  determined  to  find 
ways  to  upgrade  ourselves  in  our  internal  operations. 

I  would  like  to  comment  on  two  particular  organizational 
efforts  on-going  at  this  time. 

The  Intergovernmental  Relations  Committee  of  the  Na- 
tional Legislative  Conference  is  another  example  of  State  Legis- 
lative effort  to  make  its  voice  heard  at  the  national  level.  Under 
the  umbrella  of  I.  R.  C.  are  several  task  forces  that  deal  exten- 
sively with  the  federal  government.  These  task  forces  cover  such 
vital  areas  as  energy,  education,  natural  resources,  transporta- 
tion amongst  several  others. 


House  Journal,  13Mar74  227 

Here  we  have  a  medium  that  brings  the  voice  of  State 
senators  and  representatives  in  direct  contact  with  Washington 
in  those  specific  areas  that  we  are  daily  concerned  with  as  we  sit 
in  our  respective  chambers  in  our  State  Capitols. 

We  identify  problems  and  take  basic  policy  positions  rela- 
tives to  federal  legislation  and  policies-making  our  input  as  we 
see  it  in  the  State  —  federal  mix  of  government. 

As  the  task  forces  meet  there  are  agenda  organized  by  the 
N.  C.  L.  staffers  assigned  to  each  task  force  that  bring  a  wide 
range  of  federal  people  to  the  meeting  —  ranging  from  elected 
members  of  congress  to  congressional  staff  experts  to  experts 
from  a  variety  of  private  foundations  and  organization  to  staff 
from  the  executive  wing  of  our  National  government.  Within 
the  last  year  the  Intergovernment  Relations  Committee  in- 
cluded a  meeting  with  the  President  of  the  United  States  and 
some  of  his  cabinet  members  at  the  White  House. 

Members  from  I.  R.  C.  have  testified  at  Congressional 
hearings  —  bringing  to  the  attention  of  Congress  our  policy 
positions. 

The  other  organization  that  serves  a  most  useful  function 
is  the  Legislative  Leaders  Conference.  Through  this  conference, 
those  of  us  who  have  the  responsibility  of  leadership  meet  to 
review  and  discuss  the  many  aspects  of  our  duties  as  leaders. 

At  a  recent  meeting  held  in  Washington,  we  not  only  used 
the  workshop  technique  but  also  heard  presentations  from  such 
people  as  Senator  Hugh  Scott  of  Pennsylvania  and  Senator 
"Scoop"  Jackson  of  Washington.  After  presentation  from  Con- 
gressional leaders  of  this  statute,  a  rap  session  is  held  that  covers 
a  wide  range  of  topics  that  cannot  but  be  of  help  to  all  who 
participate. 

Let  me,  at  this  point,  quote  a  statement  by  Senator  Edmund 
Muskie  of  Maine  made  a  few  years  ago  that  bears  on  what  I 
have  just  said  — 

"We  are  concerned  here  with  the  role  to  be  played  by 
State  Legislatures  in  a  creative  federal  system.  It  is  a  critical  role 
—  perhaps  a  major  determinant  of  the  future  course  of  Ameri- 
can federalism.  .  .  . 

"We  must  initiate  the  reforms  that  will  convert  our  State 


228  House  Journal,  13Mar74 

Legislatures  into  responsible  and  respected  —  as  well  as  repre- 
sentative —  deliberative  bodies.  .  .  . 

"Put  more  bluntly,  they  are  reforms  that  only  an  aroused 
citizenry  and  legislature  can  enact." 

This  quote  was  made  in  the  context  of  Senator  Muskie 
serving  as  Chairman  of  the  Subcommittee  on  Intergovernment- 
al Relations,  Senate  Committee  on  Government  Operations. 

This  is  a  reverse  flow  of  what  I  was  attempting  to  discuss 
about  our  I.R.C.  Committee. 

Let  me  now  move  towards  the  conclusion  of  my  remarks.  I 
have  put  before  you  some  thoughts  of  a  State  Legislator  for  one 
small  State  who  is  more  determined  to  see  our  State  Legislature 
take  its  rightful  place  in  the  scheme  of  things  than  ever  before. 

Reflecting  on  this  great  American  governmental  structure 
of  ours,  I  am  convinced  of  the  role  we  should  play.  We  do  need 
the  outside  help  of  people  and  organizations  to  help  us  keep 
moving  forward  but  I  submit  that  the  only  structure  that  ul- 
timately will  keep  our  progress  going  is  the  legislative  body  it- 
self! 

We  must  have  the  faith  in  ourselves  as  an  institution  —  a 
faith  in  what  we,  in  State  Government,  are  destined  to  do  in  this 
great  experiment  called  American  Government. 

Let  me  quote  a  piece  of  our  New  Hampshire  Constitution 
that  lays  out  our  legislative  responsibilities  — 

"To  make,  ordain  and  establish  all  manner  of  wholesome 
and  reasonable  orders,  laws,  statutes,  ordinances,  directions  and 
instruction  either  with  penalties  or  without  — " 

I  believe  I  can  fairly  ask  the  question  —  can  we  not  afford 
to  strengthen  ourselves  to  meet  this  challenge? 

We  need  to  continue  moving  in  the  direction  of  annual 
sessions,  improved  staffing  at  all  levels,  physical  facilities  to 
work  in,  compensation,  regional  and  national  cooperation. 
These  and  a  host  of  other  improvements  are  coming  on  line 
across  the  nation.  I  would  also  state  that  from  the  legislative 
leadership  must  come  much  of  the  impetus  to  accomplish  the 
above.  In  some  states,  consideration  must  be  given  to  constitu- 
tional changes  to  unshackle  our  legislatures  to  meet  20th  cen- 
tury responsibilities. 


House  Journal,  13Mar74  229 

Think  of  the  magnitude  of  the  responsibilities  and  duties 
we  have!  Creating  and  modifying  tax  systems,  allocating  huge 
amounts  of  state  and  federal  funds,  contracting  educational 
systems,  protecting  the  health  and  welfare  of  our  citizens,  con- 
trolling the  powers  and  capabilities  of  local  governmental  units, 
election  laws  and  the  establishment  and  operation  of  our  courts 
and  prisons. 

Let  me  close  with  a  quote  that  better  expresses  some  of 
what  I  have  been  trying  to  say  —  a  quote  from  a  person  whom 
I  hold  in  high  regard  —  Al  Abrams,  Secretary  of  the  New  York 
Senate 

"Most  editors,  pressure  groups,  or  rank-and-file  citizens 
judge  a  legislature  by  simple  criteria: 

1.  What  has  it  done  for  me  lately? 

2.  Has  it  voted  my  views? 

The  criteria  is  essentially  narrow,  often  emotional,  not 
infrequently  selfish.  Reform  groups  use  a  different  measuring 
rod: 

1.  Is  the  legislature  staffed  enough,  paid  enough,  housed 
adequately? 

2.  Are  its  committees  few  in  number,  its  structure  stream- 
lined, its  work  open  to  the  public? 

These  criteria  do  not  in  themselves,  while  elemental,  assure 
a  vibrant  legislature.  You  can  have  the  best-staffed,  best-housed, 
best-paid,  annualized,  computerized  legislature  and  still  have 
a  legislative  product  as  effective  as  Gomer  Pyle. 

Legislative  leaders  need  a  different  kind  of  evaluation  sys- 
tem, nurtured  in  the  belief  that  no  people  are  truly  free  with- 
out a  strong  legislature,  a  powerful  law-giving  agency  freely 
elected  from  local  districts,  representing  the  full  flavor  and  di- 
versity of  a  people,  its  natural  economic  and  political  subdivi- 
sions around  which  pride  and  interests  cluster. 

The  criteria  by  which  free  people  should  judge  their  legis- 
lature is  that  it  be  sensitive,  communicative,  deliberative,  in- 
vestive,  respectfully,  and  judicial." 


The  Speaker  announced  that  Rep.  Margaret  S.  Cote  is 
celebrating  a  birthday  today. 

On  motion  of  Rep.  Bell  the  House  adjourned  at  1:25  p.m. 


230  House  Journal,  19Mar74 

Tuesday,  19Mar74 

The  House  met  at  1 1 :00  o'clock. 

Prayer  was  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Lord,  Our  God,  give  us  the  grace  to  discern  Your  guiding 
hand  in  all  things,  that  being  neither  lifted  up  in  vanity  by 
success,  nor  cast  down  in  despair  by  failure,  we  may  press  for- 
ward with  hope  and  put  our  trust  in  You.  Amen. 

PLEDGE  OF  ALLEGIANCE 
Rep.  Zechel  lead  the  pledge  of  allegiance. 

LEAVES  OF  ABSENCE 

Rep.  Conley,  the  week,  illness. 

Rep.  Randall  today  and  tomorrow,  illness. 

Reps.  Harvell,  Joncas,  Schwaner,  David  J.  Bradley  and 
Vesta  M.  Roy,  the  day,  important  business. 

Rep.  Valliere,  the  week,  illness  in  the  family. 

Rep.  Hoar,  today  and  tomorrow,  important  business. 

SENATE  MESSAGE 

CONCURRENCE 

HCR  5,  establishing  a  schedule  of  legislative  days  for  the 
remainder  of  the  special  session. 

HCR  3,  relative  to  the  protection  of  the  New  Hampshire 
COMMITTEE  REPORTS 


fishing  industry. 


compensating  Rene  Boucher  for  mileage  while  serving  on 
the  Committee  of  Voter  Registration  and  Checklists.  Ought  to 
pass.  Rep.  Arthur  E.  Thompson  for  Claims,  Military  and  Vet- 
erans Affairs. 

Ordered  to  Third  Reading. 


House  Journal,  19Mar74  231 

SB  15 

transferring  permanent  state  prison  employees  from  group 
I  of  the  New  Hampshire  Retirement  System  to  group  II  or  from 
the  State  Employees'  Retirement  System  to  group  II,  and  mak- 
ing an  appropriation  therefore.  Ought  to  pass.  Rep.  Cushman 
for  Executive  Departments  and  Administration. 

Those  present  voted  unanimously  in  favor  of  ought  to  pass 
as  amended  by  the  Senate.  The  committee  feels  that  this  is 
a  necessary  measure  to  attain  upgrading  for  state  prison 
employees. 

Referred  To  Appropriations. 

SB  26 

providing  for  retirement  benefits  for  supreme  and  superior 
court  justices.  Ought  to  pass.  Rep.  Record  for  Judiciary. 

Provides  retirement  benefits  for  Supreme  and  Superior 
Court  judges,  no  provision  now  except  opportunity  to  serve 
as  judicial  referees.  Unanimous  vote  by  committee. 

Referred  to  Appropriations. 

HCR  6 

proclaiming  March  26,  1974  as  "Robert  Frost  Day."  Ought 
to  pass.  Rep.  Milne  for  Resolutions  and  Screening. 

Tribute  to  a  great  poet. 

Whereas,  Robert  Frost  was  born  on  March  26,  1874  and 
died  a  poet  laureate  at  the  age  of  88  in  1963;  and 

Whereas,  following  his  marriage,  Robert  Frost  moved  to 
Derry,  New  Hampshire,  to  a  farm  on  the  Rockingham  Road 
where  for  ten  years  he  raised  a  family,  attempted  to  make  a 
living  as  a  farmer,  and  ended  up  as  an  instructor  at  Pinkerton 
Academy;  and 

Whereas,  Robert  Frost  in  1912  left  Derry  and  went  abroad 
to  England  where  he  published  his  first  book  of  poetry,  A  Boy's 
Will,  which  received  the  critical  praise  of  Ezra  Pound;  and 

Whereas,  Robert  Frost  went  on  to  become  a  poet-in-resi- 
dence  at  Amherst  College,  to  publish  numerous  books  of  poetry; 
to  be  poetry  consultant  to  the  Library  of  Congress;  to  be  named 
Honorary  Consultant  to  the  Library  of  Congress  in  the  Humani- 


232  House  Journal,  19Mar74 

ties;  to  read  his  poems  at  lecture  halls  all  over  the  world,  culmi- 
nating in  his  reading  "The  Gift  Outright"  at  the  inaugural 
ceremony  for  President  John  F.  Kennedy  in  1961  as  well  as  four 
Pulitzer  Prizes  for  poetry  and  a  Congressional  Gold  Medal;  and 

WhereaSj  although  Robert  Frost  is  claimed  by  many  com- 
munities and  colleges,  his  roots  are  deepest  in  New  England  and 
his  years  in  Derry  were  not  forgotten,  as  can  be  testified  to  by  his 
poem  about  West  Running  Brook  between  his  Derry  Homestead 
and  Pinkerton  Academy;  and 

Whereas,  the  United  States  Postal  Service  has  chosen  Derry, 
New  Hampshire  as  the  location  at  which  to  issue  a  Robert  Frost 
Commemorative  ten-cent  stamp  on  March  26,  1974,  the  fourth 
of  a  series  of  commemorative  stamps  honoring  American  poets; 
now,  therefore,  be  it 

Resolved  by  the  House  of  Representatives,  the  Senate  Con- 
curring: 

That  March  26,  1974  is  hereby  proclaimed  to  be  "Robert 
Frost  Day"  in  the  state  of  New  Hampshire  to  honor  his  memory 
and  his  poetry  that  so  well  epitomized  New  England  rural  life. 

Ordered  to  Third  Reading. 

RESOLUTION 

Rep.  Zachos  moved  that  all  bills  ordered  to  third  reading, 
be  read  a  third  time  by  this  resolution  and  that  all  titles  of  bills 
and  captions  of  resolutions  be  the  same  as  adopted,  and  that  they 
be  passed  at  the  present  time,  unless  otherwise  ordered  by  the 
House,  and  that  when  the  House  adjourns  today  it  be  to  meet 
tomorrow  at  11:00  a.m. 

Adopted. 


House  Journal,  20Mar74  233 

Third  reading  and  final  passage. 

SJR    1,   compensating   Rene   Boucher   for   mileage   while 
serving  on  the  Committee  of  Voter  Registration  and  Checklists. 

HCR  6,  proclaiming  March  26,  1974  as  "Robert  Frost  Day." 

On  motion  of  Arthur  E.  Thompson  the  House  adjourned 
at  11:33  a.m. 


Wednesday,  20Mar74 

The  House  met  at  1 1  o'clock. 

Prayer  was  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Lord,  Our  God,  You  know  our  every  need.  Grant  us 
wisdom  to  know  what  things  to  ask  for,  and  grace  to  accept 
and  use  the  powers  which  You  are  ready  to  bestow. 

We  ask  this  through  Christ  Our  Lord.  Amen. 

PLEDGE  OF  ALLEGIANCE 
Rep.  Coburn  led  the  pledge  of  allegiance. 

LEAVE  OF  ABSENCE 

Rep.  Bernard  of  Dover,  the  week,  illness. 

Former  Majority  Floor  Leader  of  the  House  John  Pillsbury 
was  introduced  and  spoke  on  the  Life  of  Robert  Frost,  since  this 
is  Robert  Frost  Week  and  he  is  one  of  the  members  of  the  N.  H. 
Frost  Trustees. 

SENATE  MESSAGE 

CONCURRENCE 

HB  20,  increasing  the  interest  rate  of  housing  authority 
bonds. 

HB   19,  increasing  the  amount  of  political  expenditures 


234  House  Journal,  20Mar74 

authorized  for  candidates  in  primary  and  general  elections  seek- 
ing the  office  of  governor,  U.  S.  senator,  representative  in  con- 
gress, governor's  councilor,  county  officer,  state  senator  or  rep- 
resentative to  the  general  court. 

HCR  6,  proclaiming  March  26,  1974  as  "Robert  Frost 
Day." 

ENROLLED  BILLS  REPORT 

HB  19,  increasing  the  amount  of  political  expenditures 
authorized  for  candidates  in  primary  and  general  elections 
seeking  the  office  of  governor,  U.  S.  senator,  representative  in 
congress,  governor's  councilor,  county  officer,  state  senator  or 
representative  to  the  general  court. 

HB  20,  increasing  the  interest  rate  of  housing  authority 
bonds. 

HB  23,  continuing  present  city  of  Somersworth's  elected 
officials  in  office  until  the  next  regular  election,  and  legalizing 
the  election  of  delegates  to  the  constitutional  convention  from 
the  old  wards  of  said  city. 

SJR  1,  compensating  Rene  Boucher  for  mileage  while 
serving  on  the  Committee  of  Voter  Registration  and  Check- 
lists. 

Mabel  L.  Richardson 

For  The  Committee. 


Reps.  George  B.  Roberts,  Jr.  and  Coutermarsh  offered  the 
following  resolutions: 

RESOLUTIONS 

Whereas,  we  have  learned  with  regret  of  the  deaths  of  the 
following  members  of  the  House  of  Representatives: 

Rep.  Edmond  Allard  of  Manchester 

Rep.  Charlotte  P.  Cogswell  of  Dover 


House  Journal,  20Mar74  235 

Rep.  Frank  T.  Conway  of  Manchester 

Rep.  Romeo  A.  Desilets  of  Berlin 

Rep.  Ernest  W.  Fletcher  of  Goffstown 

Rep.  Charles  H.  Gay  of  Derry 

Rep.  Jacob  M.  Hackler  of  Swanzey 

Rep.  Henry  M.  Lovejoy  of  Northwood 

Rep.  Elmer  H.  Southard  of  Littleton 

Rep.  Donald  Sylvain  of  Rochester 

Rep.  Hector  Trombly  of  Nashua 

Rep.  Marcel  A.  Vachon  of  Manchester 

Rep.  Ralph  W.  Canney  of  Farmington  and  Former  Rep- 
resentatives 

Roy  M.  London  of  New  London 

Jesse  R.  Rowell  of  Newport  and 

Wayne  Shirley  of  Durham 

Whereas,  these  Representatives  have  served  their  com- 
munities faithfully  and  with  efficiency  and  our  loss  will  be 
keenly  felt,  therefore  be  it 

Resolved,  that  we,  the  members  of  the  House  of  Repre- 
sentatives in  General  Court  convened,  do  hereby  extend  our 
sympathy  to  their  families,  and  be  it  further 

Resolved,  that  a  copy  of  these  resolutions  be  transmitted 
to  their  families. 

Adopted  by  a  rising  vote  and  a  minute  of  silent  prayer. 

SENATE  MESSAGES 

CONCURRENCE  HCR  WITH 
SENATE  AMENDMENT 

HCR  2,  establishing  a  joint  committee  to  study  the  rail- 
road conditions  and  related  matters  in  the  state  of  New  Hamp- 
shire. 


236  House  Journal,  20Mar74 

(Amendment  printed  SJ  March  19) 

Rep.  Chase  moved  that  the  House  concur. 

Rep.  Newell  spoke  in  favor  of  the  motion. 

Adopted. 

CONCURRENCE  HB  WITH 
SENATE  AMENDMENT 

HB  16,  permitting  public  accountants  to  form  a  profes- 
sional association. 

(Amendment  printed  SJ  March  19) 

Rep.  Chase  moved  that  the  House  concur  with  the  Senate 
amendment. 

Rep.  Chase  explained  the  Senate  amendment. 

Adopted. 

CONCURRENCE  HB  WITH 
SENATE  AMENDMENT 

HB  15,  relative  to  redistricting  the  ward  Hnes  of  the  city 
of  Laconia. 

(Amendment  printed  SJ  March  19) 

Rep.  Maguire  moved  that  the  House  concur  with  the  Sen- 
ate amendment. 

Adopted. 

COMMITTEE  REPORTS 

SB  10 

estabHshing  a  sire  stakes  program  and  a  standardbred 
breeders  and  owners  development  agency.  Ought  to  pass.  Rep. 
Greene  for  Environment  and  Agriculture. 

The  bill  establishes  a  New  Hampshire  sire  stakes  program 
funded  by  part  of  the  breakage  from  harness  races.  Unani- 
mously supported  by  the  committee. 

Rep.  Plourde  offered  an  amendment. 

AMENDMENT 
Amend  RSA  426-A:l  as  inserted  by  section  1  of  the  bill 


House  Journal,  20Mar74  237 

by  striking  out  said  section  and  inserting  in  place  thereof  the 
following: 

426-A:  1  Standardbred  Breeders  and  Owners  Development 
Agency  Established.  There  is  hereby  established  within  the 
department  of  agriculture  the  standardbred  breeders  and  own- 
ers development  agency  of  New  Hampshire,  hereafter  referred 
to  as  the  agency.  The  powers  of  the  agency  shall  be  vested  in 
a  board  of  five  trustees  to  be  selected  as  follows:  four  members 
shall  be  appointed  by  the  governor  and  council,  one  of  whom 
shall  be  a  member  of  the  Standardbred  Breeders  and  Owners 
Association  of  New  Hampshire,  and  one  of  whom  shall  repre- 
sent New  Hampshire  racing  interests  and  two  of  whom  shall 
represent  the  general  public;  and  the  commissioner  of  agricul- 
ture. When  the  board  is  first  established,  one  member  of  the 
Standardbred  Breeders  and  Owners  Association  of  New  Hamp- 
shire and  one  member  of  the  general  public  shall  serve  two- 
year  terms;  the  other  appointed  members  shall  serve  one-year 
terms.  Thereafter,  appointments  shall  be  for  two-year  terms. 
Members  of  the  board  shall  not  be  entitled  to  any  compensa- 
tion, but  are  entitled  to  reimbursement  for  mileage  and  ex- 
penses incurred  in  carrying  out  their  duties.  Each  member 
shall  serve  until  his  successor  is  appointed  and  qualified.  Va- 
cancies shall  be  filled  for  the  unexpired  term. 

Amend  RSA  426-A:4  as  inserted  by  section  1  of  the  bill 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following: 

426-A: 4  Sire  Stakes  Races.  Sire  stakes  races  shall  be  run 
at  all  licensed  harness  tracks  in  this  state,  subject  to  rules  and 
regulations  governing  such  races  promulgated  by  the  board  of 
trustees  after  consultation  with  the  New  Hampshire  racing 
commission. 

The  clerk  read  the  amendment  in  full. 

Rep.  Plourde  explained  his  amendment. 

(discussion) 

Rep.  Greene  spoke  in  favor  of  the  Plourde  amendment. 

Plourde  amendment  adopted. 

Rep.  Daniell  moved  that  the  words,  inexpedient  to  legis- 


238  House  Journal,  20Mar74 

late,  be  substituted  for  the  committee  report,  ought  to  pass, 
and  spoke  in  favor  of  the  motion. 

Reps.  Read  and  Plourde  spoke  against  the  motion. 

Rep.  Oleson  spoke  in  favor  of  the  motion. 

(discussion) 

Reps.  Tirrell  and  Burns  non-spoke  against  the  motion. 

Rep.  Copenhaver  non-spoke  in  favor  of  the  motion. 

Rep.  Elmer  A.  Johnson  spoke  against  the  motion. 

Rep.  Tucker  moved  the  previous  question. 

Sufficiently  seconded. 

Motion  lost. 

Referred  to  Appropriations. 

SB  18 

providing  additional  cost  of  living  increases  for  retired 
members  of  the  N.  H.  Teachers'  Retirement  System,  the  N.  H. 
Policemen's  Retirement  System,  the  N.  H.  Firemen's  Retire- 
ment System,  the  N.  H.  Retirement  System  and  the  State  Em- 
ployees Retirement  System,  and  making  an  appropriation  there- 
for; providing  for  compensatory  contributions  for  interrupted 
service;  and  providing  for  an  actuarial  study  of  prefunding  to 
be  paid  out  of  escrowed  funds  derived  from  an  interest  assump- 
tion change.  Ought  to  pass.  McLane  for  Executive  Departments 
and  Administration. 

This  is  essential  legislation  to  provide  N.  H.'s  retired  teach- 
ers, policemen,  firemen,  state  employees  and  members  of 
the  N.  H.  Retirement  System  a  necessary  cost  of  living  in- 
crease. The  bill  also  calls  for  a  thorough  study  of  the  fund- 
ing of  the  system  and  makes  provisions  for  former  members 
to  rejoin  the  system. 

Referred  to  Appropriations. 

SB  6 

relative  to  landlord-tenant  relations.  Majority:  Ought  to 
pass  with  amendment;  Rep.  McManus  for  Judiciary.  Minority: 
Inexpedient  to  legislate.  (Rep.  Brungot) 

This  bill  provides  a  reasonable  administrative  and  court 


House  Journal,  20Mar74  239 

review  procedure  for  landlord  and  tenant  rights  presently 
protected  by  New  Hampshire  Supreme  Court  decisions. 
Proposed  amendment  increases  from  48  hours  to  three 
working  days  the  time  allowed  for  inspection  of  premises. 

Rep.  Nelson  moved  that  the  report  of  the  minority,  inex- 
pedient to  legislate,  be  substituted  for  the  report  of  the  ma- 
jority, ought  to  pass  with  amendment,  and  spoke  in  favor  of 
the  motion. 

(discussion) 

Reps.  Sayer,  Gordon,  Brungot,  Senter  and  Rich  spoke 
in  favor  of  the  motion. 

Reps.  Stevenson,  Gorman,  Maguire,  Geiger,  Dwyer  and 
Curran  non-spoke  in  favor  of  the  motion. 

Reps.  McManus,  Symons  and  Madeline  C.  Townsend 
spoke  against  the  motion. 

Reps.  Fred  E.  Murray,  Zachos,  Close,  Pierce,  Nighswan- 
der,  Gallen,  Albert  C.  Jones,  Daniell,  Spirou,  Hager  and  Mc- 
Lane  non-spoke  against  the  motion. 

Reps.  Cobleigh,  Dupont  and  Boisvert  moved  the  previous 
question- 
Sufficiently  seconded. 
Adopted. 
A  division  was  requested. 

143  members  having  voted  in  the  affirmative  and  118  in 
the  negative,  the  motion  carried. 

RECONSIDERATION 

Rep.  Nelson  moved  reconsideration  on  SB  6,  relative  to 
landlord-tenant  ^-elations. 

Reconsia  nation  lost. 


Rep.  Drake  addressed  the  House  on  the  fiscal  condition 
of  the  state. 


240 


House  Journal,  20Mar74 


(U       • 


c  e  ^ 

O    O    3 
U   U   -1 


House  Journal,  20Mar74  241 


Ai'PROPRIATlONS  C0>5!irri:E 

Projection  cf  Kiri'.'.'ay  Reserve  and  Ur;ij^propriated  Surpius 

for  tiic  };icnniur.  Kr.ding  June  30,  1975 

Fisral  Year  197^  Fiscal  Yenr  1975 

Estimated  Unappropriated  Surplus  $  3,885,965  $  3,657  175 

(Beginnir.i;  of  year) 

Highvay  Inventory  Fund  (Ch.  375:60,  L  '73)  396,736 

Estin-.a'-ed  Unrestricted  Fscvcnue: 

Gasoline  JJocd  Toll  (Revised)      $33,714,836  $35,593,800 

Motor  Vehicle  Fees  19,542,000  20,000,000 

Miscellaneous  525,000  525.000 

Total  Unrestricted  Revenue  53,761.836  56,118,800 

Estinated  Funds  available  $58,064,537  $59,775,975 

Appropriated  Funds  (Lavs  of  1973): 
Operating  budget  (Ch.  376:2 

thru  56)  $61,370,221  $62,082,664 

Additional  payroll  section  7't, 

VII  of  operating  hudcet  458,506 

Legislative  specials  1,171.271  1.9^^8.^69 

Total  opnrcpr:.c>ted  fund-;  ?63,000,398  $6<»,03i,533 

Less,  LstJr.ated  Lapses  700.000   62,300,398       7QO,000   63. 331. 533 

Esticated  operating  Deficit  ($  4,235,861)  ($  3,555,553) 

Bonds  authorized  (Ch.  376:65,  L  '73)              3 . OOP . 000  3,000,000 

Estimated  Deficit  ($  1,235,861)  ($   555,558', 

Additions: 

Net  lapse  to  fund  hy  K3  1 

as  introduced  1,837,845  630,056 

Additional  lapse  as  ;ir:rr.dcd  1,655,191  1,868,902 

Nat  lapse  resulting,  ircr:  revised 

Federal  ratios  vho;;  .-.rpJicd  to 

csistin,'  balances  fori-ard  (Pept. 

<'sCi--'''-c)  1,<!}00.000  


Estirati'd   surplus   fcuv.yd   to  fi;;ci.i    ]?73  $   3.657.175 

Fstir.ilcd   sv.rplus  Ji.^'.o   :)0,    1975  $    1,943,400 


242  House  Journal,  20Mar74 


APPROPRIATIONS  COMMITTEE 

Projection  of  Highway  Reserve  and  Unappropriated  Surplus 

for  the  Biennium  Ending  June  30,  1975 

Fiscal  Year  1974  Fiscal  Year  1975 

Estimated  Unappropriated  Surplus  $  3,885,965  $  3,657,175 

(Beginning  of  year) 

Highway  Inventory  Fund  (Ch.  376:60,  L  '73)  396,736 

Estimated  Unrestricted  Revenue: 

Gasoline  Road  Toll  (Revised)      $33,714,836  $35,593,800 

Motor  Vehicle  Fees  19,542,000  20,000,000 

Miscellaneous  525,000  525.000 

Total  Unrestricted  Revenue  53.781,836  56,118,800 

Estimated  Funds  available  $58,064,537  $59,775,975 

Appropriated  Funds  (Laws  of  1973): 
Operating  budget  (Ch.  376:2 

thru  56)  $61,370,221  $62,082,664 

Additional  payroll  section  74, 

VII  of  operating  budget  458,906 

Legislative  specials  1.171,271  1,948,869 

Total  aopropriatpd  funds  $63,000,398  $64,031,533 

Less,' Estimated  Lapses  700,000   62.300,398       700,000   63,331,533 

Estimated  operating  Deficit  ($  4,235,861)  ($  3,555,558) 

Bonds  authorized  (Ch.  376:65,  L  '73)              3,000.000                3.000,000 

Estimated  Deficit  ($  1,235,861)  ($   555,558) 

Additions: 

Net  lapse  to  fund  by  HB  1  /■       "N   1^ 

as  Introduced 


f*  1,837,845"^  ,  */  630,0561  At?^ 

{   l,655,19l/3,V«,»Jt      \l,868,9n2/>;V^ 


Additional  lapse  as  amended 

Net  lapse  resulting  from  revised 

Federal  ratios  vhcn  applied  to 

existing  balances  forward  (Dept. 

estimate)  1,400,000  

Estimated  surplus  forward  to  fiscal  1975         $  3,657,175 

Estlrated  surplus  June  30,  1975  $1,943.400 

jl^Bl  as  amended: 

Article  I  &  II  Inflation  Appro    ($  975,224)  ($  1,490,803) 

Article  IV  -  Increase  Safety  Ret.  (   137,346)  — 

Article  IV  -  Reductions: 

Betterments                    1,400,000  1,400,000 

Hwy  Garage  Equip.                300,000  200,000 

Fed  Aid  Cons.                  2,264,206  1,701,136 

Community  Assistance              641.400  688.625 

$3.493.036  $  2.498.958 


House  Journal,  20Mar74 


243 


en 

a 

~? 

o 

1^ 

•H 

o^ 

4J 

iH 

m 

01 

•H 

01 

n 

u 

■u 

iH 

o.  u 

o 

•H 

.c 

u 

O 

Q. 

[-J 

l-l 

p- 

() 

m 

< 

U 

10 

OS 

4J 

c 

» 

(11 

IN] 

fc 

rH 

4-t 

M 

X 

m 

t) 

a 

u 

OJ 

Ifl 

« 

is: 

o  o 
o  o 
c  o 

ooooooooooo 
ooooooooooo 
ooooooooooo 

o 

o 
o 

o 
o 
o 

o 
o 
o 

o  o 
o  o 

ooooooooooo 
omoooooooino 
<j-r^ococNir-<jirir^csm 

o 
o 

CN 

o 

o 
o 

ON 

en  CM 

cNcoinvoo^ciorommm 
cN                 m 

-a- 

o 
o 
o 

o 
o 

o 

o 
o 

o 

o 
o 
o 

o 
o 
o 

o 

o 
o 

o 
o 

o 

o 

o 
o 

o 
o 
o 

o 
o 
o 

o 

o 
o 

o 
o 
o 

o 
o 
o 

o 
o 
o 

o 

o 
o 

o 
o 

o 
c 

o 
o 

o 

o 

o 
o 
o 

o 
o 
o 

o 
o 

o 
o 

o 
o 

o 
o 

o 
o 

o 

o 

00 

o 

o 
o 

o 
in 

o 

u-1 

o 

u-1 
u^ 

en 

CM 

rH 

-3- 

ul 

vC 

CM 

vO 

m 

f»1 

CO 

m 

u-1 

CO 

'-' 

v> 

</y 

o 
o 
O 

o 
o 

o 

o 
o 

o 

O 
O 
O 

o 
o 
o 

o 
o 

c 

O 

o 
o 

o 
o 
o 

o 
o 
o 

o 
o 
o 

o 
o 
o 

o 
o 
o 

o 
o 
o 

O 

o 
o 

o 
o 
o 

O 

o 

o 

o 
o 

0^ 

o 
o 

c 

o 
c 

00 

o 
o 

CO 

U1 

o 
o 

CO 

o 
o 
o 

o 
o 
o 

o 

u-1 

-3- 

o 

u-1 

o 
o 

o 

u-1 
CM 

CO 

CM 

CN 

<r 

<r 

vD 

CO 

^ 

u-1 

-a- 

o- 

u-1 

-3- 

<r 

^ 

v> 

0) 

c 

<r 

o 

•H 

0^ 

n) 

(U 

M 

•H 

ai 

l-l 

iH 

O. 

■u 

o 

•H 

X 

^1 

() 

& 

U 

ix 

n 

tfl 

< 

u 

-a- 

tfi 

Oi 

jj 

.H 

c 

(1) 

CNI 

b 

tH 

Vi 

•c 

m 

o 

p. 

u 

01 

tn 

o 

X 

o 

o 

O 

O 

O 

O 

O 

O 

o 

o 

o 

o 

O 

O 

O 

o 

o 

o 

O 

o 

O 

O 

<1 

O 

c  t 

o 

f  1 

o 

O 

O 

O 

o 

o 

o 

o 

o 

O 

o 

o 

O 

o 

o 

o 

o 

O 

o 

o 

"-• 

o 

o 

o 

o 

o 

o 

O 

O 

o 

o 

o 

o 

o 

o 

o 

o 

o 

u-1 

o 

o 

o 

o 

O 

O 

o 

o 

o 

u~i 

O 

c-> 

o 

o 

CO 

uo 

■-1 

vD 

CM 

CM 

CM 

P-- 

CN 

u-1 

r-- 

CN 

CO 

(» 

-a- 

" 

CO 

CM 

CN 

CM 

CO 

u-1 

vD 

Oi 
CN 

\o 

u-1 

CO 

CO 

-3- 

U1 

CO 
CM 

'-* 

CM 

</> 

<n- 

o 

CI) 

iH 

0) 

1 

ft-H 

£ 

(0 

03 

;^  TD 

U  0   w 

Q)    0) 

0)  -H  -H 

t-{  m 

rH  ra  > 

rH  tH 

iH   -r-l      0) 

0    >  J- 

O    >    fn  ^ 

Sh   0)  r- 

tj    0)          C^ 

■P   f-i  --- 

■p  K  -O  \ 

D,       ^ 

D.         0)  :a- 

E   en  rH 

e    W   -P  rH 

O  J- 

^ 

O  ,H 

iH 

o  r- 

c-~ 

•     ^ 

*\ 

en  OS 

U-) 

C7)    UO 

UO 

^  J- 

en 

»»      rv 

^ 

iH  d- 

LD 

O    O 

O  o 
o  o 

oooooooooooo 
oooooooooooo 
oooooooooooo 

o 
o 
o 

o 
o 
o 

o  o 
o  <r 

CO   u-1 

OOOOOOCOOOOOO 
Ou-ioOu-iOiHOOu-iOul 
cJir--OcNu-ii-^,Huir~-^ror-. 

o 
o 
-a- 

u-1 
CN 
iH 

CO   CN 

rHCOU-l^OCO^OU-lCOCO-3-u-lcO 
CN                           CN                                                   CM 

ro 

P^ 

Q) 

cn 

<1) 

c 

(1) 

(U 

■u 

vi) 

u 

4J 

li) 

•H 

<4-l 

t^ 

c 

.H 

o 

o 

3 

u 

o 

>-) 

O 

o 
o 

o 
o 
o 

o 
o 
o 

o 
o 
o 

o 
o 
o 

o 
o 

o 

o 
o 
o 

o 
o 
o 

o 

o 
o 

o 
o 
o 

o 
o 
o 

o 

o 
o 

o 
o 
o 

o 
o 
o 

o 

o 
o 

o 
o 
o 

o 
o 
o 

o 

u-1 
P-- 

o 
o 

CTi 

o 

o 
o 

00 

o 

o 

CN 

u-1 
CO 

o 
o 

CN 

CO 

i-H 

o 

o 
o 

o 
o 
o 

o 

u-1 

-3- 

o 

u-1 

o 
o 

u-1 

o 
o 

CO 
00 

en 

CN 

o 

CO 

-a- 

vO 

o 

CO 

vD 

u-1 

1-1 

-a- 

u-1 

-a- 

-J- 

CN 

r-i 

ro 

CN 
■CO- 

O    J- 

J- 

o  c^ 

t~- 

O    CN 

CN 

ai  cn 

00 

cn  r-- 

[^ 

^    00 

ro 

r> 

«v 

rH 

CN 

O 

o 

J- 

j- 

1     J- 

J- 

1         ** 

ft 

1    C^ 

[^ 

1   r-^ 

r- 

1      LO 

LO 

»» 

«% 

cr> 

ro 

U    U    G    01  O  ClOI-iO 

coixiHij  o        oroj3 

O  (U  «  O  K    H    <U 

01    V4  <«    u  c 

•J)  m   01        c  •Ji         r...ooo 
(uucumM  doooooxu 

T3C34JMO0)MCCCa.O 

Vit4-Hatd33i-i(U-H-H-H(Unj 
UcocoB'Ucocrcd^cjuuiH.a 
aio30(ac3i-i(uu(i)<qca(uo 

POpapQOWI-I^JSO«(2ofiHH 


244 


House  Journal,  20Mar74 


0) 

-a- 

C 

r~ 

o 

•H 

0^ 

4J 

(0 

01 

# 

•H 

<u 

en 

U 

4-1 

.H 

p. 

4-1 

o 

•H 

^ 

u 

E 

O 

0- 

P 

u 

a 

O 

CO 

<: 

u 

s 

-a- 

r^ 

0^ 

4J 

c 

•> 

<u 

CM 

e 

I-l 

4J 

Vj 

J 

(0 

o 

a 

)J 

(U 

to 

o 

s 

I 
I 


CO 

p^ 

<y^ 

(U 

I-l 

y 

(U 

c 

(1)    . 

<u 

4J    \0 

u 

*J    r-l 

<u 

•H 

€   >■ 

c 

E   iH 

o 

O    3 

o 

CJ    1^ 

•H  r-l  "O 


00 

-a- 

c 

1^ 

o 

•H 

0^ 

4J 

« 

0) 

M 

•H 

0) 

C^l 

I-l 

4J 

■-^ 

P. 

4-> 

O 

•H 

j: 

^ 

g 

o 

O- 

g 

M 

a 

0 

a 

< 

o 

S 

~a- 

p^ 

CJ^ 

I-l 

c 

, 

111 

CN 

6 

I-l 

u 

J= 

a 

O 

ex 

I-l 

<u 

tn 

Q 

S 

3 
3 
3 

O 
O 
iri 

o 
o 

o 
o 
o 

o 

o 
o 

O 
O 
u-i 

0 
-1 

o 

o 

00 

en 

o 

CT\ 

CO 
CN 
vD 

M 

cJ 

House  Journal,  20Mar74  245 


APPROPRIATIOHS  COMMITTEE 
PEOJECTIOK  OF  DEPARTMEBT  OF  FISH  AND  GAME  UNAPPROPRIATED  SURPLUS 
FOR  THE  BIENNIUM  ENDING  JUNE  30,  1975 

Estimated  Unappropriated  Surplus  Balance 
forward 

Estimated  Unrestricted  Revenue 

Fish  &  Game  'Revised) 

Marine 

Recovery  from  Force  Account 

Road  Toll  -  Boat  Fund 

Off-Highway  Recreation  Vehicles  (Revised) 
Total  Estimated  Unrestricted  Revenue 

Estimated  Funds  Available 

Appropriated  Funds : 

Operating  Budget  (HB  1  As  Amended) 

Legislative  Specials  -  Laws  1973 

Workmens'  Compensation  Payments 
Chap  U80  Laws  of  '73  processd  in 
fiscal  197'*  (gas  tanks) 

Total  appropriated  funds 

Available  F\inds  for  Legislative  specials 

Pending  Legislation  and  Reserve  for 
Workmen's  Compensation 
House  Bill  1 

Section  31  -  Retirement  $  109,798 

Provision  for  Workmens'  Compensation 
Payments  (3,300  X  5  for  197lt) 
(X  12/75)  16.500      126.298      39.600      39.600 

Estimated  Balance  Forward  to  Fiscal  1975  $  15**. 972 

Estimated  Unappropriated  Surplus 

Balance  June  30,  1975  $  I6U.200 


FISCAL  1971* 

FISCAL  1975 

$ 

250, 

,093 

$    15lt,9T2 

$2,031,385 

70,500 

80,000 

33,21(6 

150.000 

_2 

,36?, 

.IIL 

$2,062,232 

70,500 

50,000 

33,000 

190,000 

2.1*05.732 

$2,615,221* 

$2,560,70!* 

$2,203,1*12 

$2, 171*, 360 

106,733 

182, suu 

22,732 

- 

1,077 

_2 

,333,95't 

_ 

2.356.90U 

$ 

281, 

,270 

$     203,800 

246 


House  Journal,  20Mar74 


<   S  CO 
O 

O     4J 


I  I 


e-s 


i     2 


;!S5S  &- 


H  ■H   n   3  < 


I  Q  e  -o  rf 


House  Journal,  20Mar74  247 

The  Speaker  ordered  the  remarks  made  by  Rep.  Drake 
printed  in  the  Journal. 

(discussion) 

COMMITTEE  REPORTS  CONTINUED 

SB  19 

specifying  procedures  for  termination  of  residential  gas  or 
electric  services.  Ought  to  pass  with  amendment.  Rep.  Record 
for  Judiciary. 

Provides  for  procedure  to  be  followed  prior  to  termina- 
tion of  gas  or  electric  service.  Present  practice.  Amendment 
gives  customer  right  to  have  conference  by  mail  or  tele- 
phone. 

AMENDMENT 

Amend  RSA  363-B:2,  I,  as  inserted  by  section  1  of  the  bill 
by  inserting  at  the  end  of  said  paragraph  the  following  (The 
conference  with  the  commission  may  be  conducted  by  writing 
or  telephone  if  the  customer  so  elects.)  ,  so  that  said  paragraph 
as  amended  shall  read  as  follows: 

I.  Any  person  who  receives  a  notice  of  intent  to  terminate 
service  pursuant  to  RSA  363-B:l  and  believes  such  proposed 
termination  to  be  unjustified  may  request,  prior  to  the  date 
specified  in  the  termination  notice,  a  conference  with  the  utility 
company  involved  to  review  the  basis  for  the  proposed  termina- 
tion. If  the  customer  is  dissatisfied  with  the  outcome  of  the  con- 
ference he  may,  within  three  days  after  the  conference,  request 
a  conference  with  a  staff  member  of  the  commission  to  review 
the  basis  for  the  proposed  termination.  The  conference  with 
the  commission  may  be  conducted  by  writing  or  telephone  if 
the  customer  so  elects. 

Amendment  adopted. 

Ordered  to  third  reading. 

SB  7 

relative  to  capital  improvements  to  the  Mount  Washing- 
ton summit  and  making  an  appropriation  therefor.  Ought  to 
pass.  Rep.  Dame  for  Public  Works. 


248  House  Journal,  20Mar74 

The  state  purchased  land  and  buildings  on  the  summit  of 
Mt.  Washington  in  1964  for  use  as  a  state  park  facility. 
For  several  years  prior  to  this  time  and  since,  governors 
have  appointed  study  committees  to  study  development  of 
the  summit.  In  1969  a  Mt.  Washington  commission  was  es- 
tablished by  the  Legislature  to  continue  with  the  studies 
and  to  present  a  development  plan  for  legislative  consider- 
ation. 

SB  7  presents  the  commission  recommendation.  The  bill 
proposes  an  appropriation  for  capital  improvements  on  the 
summit.  It  also  establishes  a  Mt.  Washington  fund  which 
will  be  composed  of  fees  received  from  the  use  or  lease  of 
the  new  state  owned  facilities.  It  will  include  the  sizable 
donations  which  the  commission  plans  to  obtain  through 
solicitation  of  private  interests.  The  purpose  of  the  fund 
will  be  to  pay  the  principal  and  interest  on  the  bonds  is- 
sued for  the  project. 

Referred  to  Appropriations. 


House  resolution  requesting  an  advisory  opinion  from  the 
Attorney  General  relative  to  manpower  training  and  other  fed- 
eral programs.  Refer  to  Committee  on  Municipal  and  County 
Government.  Rep.  Milne  for  Resolutions  and  Screening. 

Referred  to  Municipal  and  County  Government. 


In  honor  of  those  members  who  have  served  twenty  or  more 
years  in  the  New  Hampshire  General  Court  Resolutions  were 
presented  to  the  following  Representatives. 

Rep.  Fayne  E.  Anderson 

Rep.  Agenor  Belcourt 

Rep.  Kenneth  G.  Bell 

Rep.  L.  Waldo  Bigelow 

Rep.  Hilda  C.  F.  Brungot 

Rep.  Walter  O.  Bushey 

Rep.  Edward  D.  Clancy 

Rep.  C.  Cecil  Dame 


House  Journal,  20Mar74  249 

Rep.  Edwin  W,  Eastman 
Rep.  Guy  J.  Fortier 
Rep.  Martha  McD.  Frizzell 
Rep.  Rebecca  A.  Gagnon 
Rep.  Daniel  J.  Healy 
Rep.  Lucien  J.  Lambert 
Rep.  F.  Albert  Sewall 
Rep.  Earle  L.  Soule 
Rep.  Doris  Spollett 
Rep.  Malcolm  J.  Stevenson 


Rep.  Goodrich  is  celebrating  a  birthday  today. 

RESOLUTION 

Rep.  George  B.  Roberts,  Jr.  moved  that  SB  19,  be  read 
a  third  time  by  this  resolution  and  that  the  title  be  the  same 
as  adopted,  and  that  it  be  passed  at  the  present  time,  unless 
otherwise  ordered  by  the  House,  and  that  when  the  House  ad- 
journs today  it  be  in  honor  of  those  who  have  served  twenty 
or  more  years  as  Legislators,  to  meet  Tuesday  next  at  1 1 :00  a.m. 

Adopted. 

Third  reading  and  final  passage 

SB  19,  specifying  procedures  for  termination  of  residen- 
tial gas  or  electric  services. 

MILEAGE  REPORT 
NEW  MEMBERS 

Miles 
CHESHIRE  COUNTY 

Dist.  5  (Swanzey) 

Augustine  J.  Marshala,  Swanzey  60 

Dist.  15  (Keene,  Ward  4) 

Muriel  K.  Cooke,  Keene  56 


250  House  Journal,  20Mar74 

GRAFTON  COUNTY 

Dist.  14  (Lebanon,  Wards  1,  2,  &  3) 

Joanne  L.  Symons,  Lebanon  61 

HILLSBOROUGH  COUNTY 

Dist.  8  (Goffstown) 

Armand  A.  Archambault,  Goffstown  24 

Jo  Ellen  Orcutt,  Goffstown  17 

Antonio  J.  Roy,  Jr.,  Goffstown  16 

Dist.  18  (Nashua,  Ward  3) 

Robert  D.  Tropea,  Nashua  35 

Dist.  26  (Manchester,  Ward  12) 

James  A.  Normand,  Manchester  21 

Dist.  30  (Manchester,  Ward  6) 

Dorothy  J.  Drewniak,  Manchester  25 

ROCKINGHAM  COUNTY 

Dist.  4  (Derry) 

Paul  A.  Gibbons,  Derry  27.5 

Dist.  15  (North  Hampton,  Stratham) 

Franklin  Wolfsen,  North  Hampton  50 

STRAFFORD  COUNTY 

Dist.  1 1  (Rochester,  Ward  4) 

Arthur  Gagnon,  Rochester  42 

Dist.  17  (Dover,  Ward  5) 

Leo  E.  Lessard,  Dover  38 

The  Mileage  Committee  wishes  to  thank  those  members 
who  served  during  the  Special  Session  as  Monitors  and  Alter- 
nates. 

BILLS  PRESENTED  TO  THE  GOVERNOR 
ON   MARCH  20  FOR  ACTION 

HB  19,  increasing  the  amount  of  political  expenditures 
authorized  for  candidates  in  primary  and  general  elections 
seeking  the  office  of  governor,  U.  S.  senator,  representative  in 


House  Journal,  26Mar74  251 

congress,  governor's  councilor,  county  officer,  state  senator  or 
representative  to  the  general  court. 

HB  20,  increasing  the  interest  rate  of  housing  authority 
bonds. 

HB  23,  continuing  present  city  of  Somersworth's  elected 
officials  in  office  until  the  next  regular  election,  and  legalizing 
the  election  of  delegates  to  the  constitutional  convention  from 
the  old  wards  of  said  city. 

SJR  1,  compensating  Rene  Boucher  for  mileage  while 
serving  on  the  Committee  of  Voter  Registration  and  Checklists. 

On  motion  of  Rep.  Joseph  L.  Eaton  the  House  adjourned 
at  2:23  p.m. 


Tuesday^  26Mar74 

The  House  met  at  11:00  o'clock. 

Prayer  was  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Lord,  our  God,  as  we  celebrate  the  100th  Anniversary  of 
the  birth  of  Robert  Frost,  give  us  the  vision  and  the  sensibility 
of  the  poet,  that  we  may  always  work  for  the  good,  the  true,  and 
the  beautiful.  We  ask  this  through  Christ,  Our  Lord.  Amen. 

PLEDGE  OF  ALLEGIANCE 

Rep.  Cooke  led  the  pledge  of  allegiance. 

LEAVES  OF  ABSENCE 

Rep.  Randall  of  Seabrook,  the  day,  illness. 

Rep.  Pierce  of  Laconia,  today  and  tomorrow,  important 
business. 

Rep.  Casassa  of  Hampton,  indefinite,  important  business. 

Rep.  Erickson  of  Nashua,  the  week,  important  business. 

Rep.  Record  of  Nashua,  the  day,  important  business. 


252  House  Journal,  26Mar74 

SENATE  MESSAGES 

CONCURRENCE 

HB  25,  changing  the  reporting  date  for  the  study  commis- 
sion on  the  problems  of  unemployed  citizens  in  New  Hamp- 
shire. 

HB  12,  conforming  tax  commission  references  in  the  cur- 
rent use  taxation  law  to  the  revised  revenue  administration  laws. 

CONCURRENCE  SB  WITH  HOUSE  AMENDMENT 

SB  19,  specifying  procedures  for  termination  of  residential 
gas  or  electric  services. 

CONCURRENCE  HB  WITH 
SENATE  AMENDMENT 

HB  7,  permitting  municipalities  to  establish,  acquire, 
maintain  and  operate  public  transportation  facilities  in  coop- 
eration with  governmental  units  of  adjoining  states  and  per- 
mitting broader  cooperation  in  furnishing  of  municipal  ser- 
vices. (Amendment  printed  in  SJ  March  20) 

Rep.  Hanson  moved  that  the  House  non-concuf  in  the 
Senate  amendment  and  that  a  Committee  of  Conference  be 
established. 

(discussion) 

Adopted. 

The  Speaker  appointed  Reps.  Benton,  Cate,  Burke,  Han- 
son and  Timothy  J.  O'Connor. 

INTRODUCTION  OF  SENATE  RESOLUTIONS 

SJR  3,  establishing  a  committee  to  study  highway  safety 
and  motor  vehicles  weight,  length  and  width  requirements. 

Referred  to  Committee  on  Rules. 

SCR  3,  relative  to  school  safety  patrol. 

CONCURRENCE 

Reps.  French  and  Milne  moved  that  the  House  concur. 
Adopted. 


House  Journal,  26Mar74 

ENROLLED  BILLS  REPORT 

HB  12,  conforming  tax  commission  references  in  the  cur- 
rent use  taxation  law  to  the  revised  revenue  administration 
laws. 

HB  15,  relative  to  redistricting  the  ward  lines  of  the  city 
of  Laconia. 

HB  16,  permitting  public  accountants  and  nurses  to  form 
registered  professional  associations. 

HB  25,  changing  the  reporting  date  for  the  study  commis- 
sion on  the  problems  of  unemployed  citizens  in  New  Hamp- 
shire. 

SB  19,  specifying  procedures  for  termination  of  residen- 
tial gas  or  electric  services. 

SUPREME  COURT  DECISION 

To  the  House  of  Representatives: 

The  undersigned  justices  of  the  supreme  court  submit  the 
following  reply  to  the  inquiries  contained  in  your  resolution 
adopted  March  7,  1974,  as  amended  by  your  supplementary 
resolution  adopted  March  13,  1974. 

House  bill  34  is  entitled  "An  Act  relative  to  energy  facility 
evaluation,  siting,  construction  and  operations  and  providing 
for  a  tax  on  refined  petroleum  products."  The  first  part  provides 
for  the  enactment  of  RSA  ch.  162-H  establishing  a  procedure 
for  the  review,  approval,  monitoring  and  enforcement  of  com- 
pliance in  the  planning,  siting,  construction  and  operation  of 
energy  facilities  in  this  State  including  oil  refineries.  The  sec- 
ond part  (section  4  of  the  bill)  would  enact  RSA  ch.  78-C  en- 
titled "Refined  Petroleum  Products  Tax"  to  the  provisions  of 
which  your  questions  appear  to  be  directed. 

Question  No.  1  reads  as  follows:  "Is  the  classification  of 
refined  petroleum  products  a  legitimate  classification  of  prop- 
erty under  Article  6  of  Part  Second  of  the  Constitution  of  New 
Hampshire?" 

It  is  well  established  that  our  legislature  has  liberal  powers 
with  respect  to  the  classification  of  taxable  property.  Opinion 
of  the  Justices,  111  N.H.  131,  134,  276,  A.2d  817,  819   (1971). 


254  House  Journal,  26Mar74 

A  reasonable  classification  which  is  sufficiently  inclusive  to  con- 
stitute a  distinctive  class  will  be  upheld.  Opinion  of  the  Justices, 
97  N.H.  543,  544,  81  A.2d  851,  852  (1951) .  The  property  to  be 
taxed  under  the  proposed  bill  is  refined  petroleum  products 
which  include  "motor  oil,  kerosene,  residual  oil,  fuel  oil,  gaso- 
line, petroleum  asphalts,  road  oils  and  other  distillates  and 
petrochemicals  produced  from  crude  petroleum  by  any  person 
in  this  state." 

The  uses  and  storage  of  such  products  are  regulated  by 
law  because  they  are  highly  inflammable  and  constitute  a  hazard 
to  the  public  safety  unless  handled  with  care.  RSA  153:14 
(Supp.  1973);  RSA  339:22-26  (Supp.  1973).  Products  of  this 
class  are  generally  recognized  as  subjects  of  taxation.  Opinion 
of  the  Justices,  88  N.H.  500,  505,  190  A.  801,  805  (1937)  ;  also 
Tirrell  v.  Johnson,  86  N.H.  530,  536,  171  A.  641,  644  (1934) . 
The  method  of  their  manufacture  is  distinctive  and  tlie  end 
products  are  markedly  different  from  all  other  kinds  of  fuel  and 
energy.  The  incidence  of  the  tax  would  depend  upon  a  char- 
acteristic event  not  common  to  other  property.  Havens  v.  At- 
torney General,  91  N.H.  115,  119,  14  A.2d  636,  638  (1940). 

We  are  of  the  opinion  that  refined  petroleum  products 
constitute  a  legitimate  classification  of  property  under  N.  H. 
CONST,  pt.  II,  art.  6.  Havens  v.  Attorney  General  supra;  Opin- 
ion of  the  Justices,  94  N.H.  506,  52  A.2d  94  (1947)  ;  Opinion 
of  the  Justices,  111  N.H.  131,  134,  276  A.2d  817,  819  (1971). 
The  answer  to  question  No.  1  is  "Yes." 

Question  No.  2  is  the  following:  "Is  the  exemption  for 
refined  petroleum  products  produced  for  distribution  in  New 
Hampshire  a  permissible  exemption?"  It  has  been  stated  that 
under  our  constitution  "[t]he  power  of  the  legislature  to 
classify  property  into  taxable  and  non-taxable  groups  includes 
power  to  grant  reasonable  exemption  from  taxation.  ...  'If  the 
distinction  made  is  a  reasonable  one,  in  the  sense  that  it  may 
be  deemed  to  be  just,  it  is  sufficient'  [citation  omitted].  The 
resulting  inequality  or  discrimination  against  unexempted 
property  is  not  fatal  to  the  constitutionality  of  the  exemption.'  " 
Opinion  of  the  Justices,  87  N.H.  490,  491,  178  A.  125,  126 
(1935)  ;  Opinion  of  the  Justices,  97  N.H.  533,  536,  81  A.2d  845, 
848  (1951).  The  exemption  of  refined  petroleum  products 
produced  for  distribution  and  consumption  within  this  State 
is  intended  to  insure  an  adequate  supply  of  these  products  thus 


House  Journal,  26Mar74  255 

promoting  the  State's  general  welfare.  This  constitutes  a  just 
reason  for  the  exemption.  Opinion  of  the  Justices,  88  N.H.  500, 
511,  190  A.  801,  808  (1937)  ;  Opinion  of  the  Justices,  112  N.H. 
32,  34,  287  A.2d  756,  757  (1972) . 

We  must  take  judicial  notice  that  there  is  no  oil  refinery 
presently  operating  in  this  State.  Hence  the  volume  of  petro- 
leum products  to  be  produced  by  a  future  refinery,  and  the 
proportion  to  be  sold  here  or  in  interstate  commerce,  must 
necessarily  be  conjectural.  It  is  well-established  federal  laAv 
that  State  taxation,  whatever  its  form,  which  discriminates 
against  interstate  commerce  is  invalid.  The  crude  oil  received 
from  outside  New  Hampshire  will  have  ceased  to  be  in  inter- 
state commerce  at  the  time  of  its  refining  in  this  State,  which 
is  the  taxable  event,  and  will  not  then  have  reentered  the  stream 
of  interstate  commerce.  Coe  v.  Errol,  116  U.S.  517,  29  L.  Ed. 
715,  6  S.  Ct.  475  (1886)  ;  United  Air  Lines,  Inc.  v.  Mahin,  410 
U.S.  623,  630,  35  L.  Ed.  2d  545,  93  S.  Ct.  1186,  1191  (1973). 
Thus  no  burden  upon  interstate  commerce  will  result  from  the 
tax.  See  Coe  v.  Errol,  62  N.H.  303  (1882)  .  The  substantial  ser- 
vices which  this  State  will  provide  the  refinery  such  as  police  and 
fire  protection  and  public  access  roads,  may  rationally  be  con- 
sidered to  justify  limiting  the  tax  to  products  destined  to  be 
sold  outside  of  New  Hampshire.  United  Air  Lines,  Inc.  v. 
Mahin  supra;  see  Northeast  Airlines,  Inc.  v.  Aeronautics 
Comm'n,  111  N.H.  5,  273  A.2d  676  (1971)  .  However,  the  deter- 
mination of  whether  the  exemption  in  question  would  render 
the  tax  on  such  products  discriminatory  against  interstate  com- 
merce is  within  the  jurisdiction  of  the  federal  courts  in  the  last 
instance. 

It  follows  that  our  answer  to  question  No.  2  is  "Yes"  the 
proposed  exemption  is  permissible  under  our  constitution. 
However  we  cannot  state  unequivocally  that  it  is  also  permiss- 
ible under  the  federal  constitution. 

Your  question  No.  3  asks:  'Is  the  imposition  of  a  barrel 
tax  on  refined  petroleum  products  a  valid  exercise  of  the  state's 
taxing  power?"  The  bill  proposes  a  tax  at  a  flat  rate  of  five  cents 
per  barrel  of  petroleum  products  produced.  The  absence  of  a 
refinery  in  this  State  again  renders  necessary  the  making  of 
certain  assumptions  on  which  to  base  an  answer.  If  two  refineries 
should  locate  in  this  State  and  produce  various  petroleum  prod- 
ucts each  having  a  different  value,  the  flat  rate  of  five  cents  per 


256  House  Journal,  26Mar74 

barrel  would  result  in  a  tax  at  different  rates  on  the  products  of 
the  two  producers  and  thus  violate  the  uniformity  and  propor- 
tionality requirements  of  N.H.  CONST,  pt.  II,  art.  5,  and 
would  be  unconstitutional.  In  the  absence  of  any  factual  basis 
by  which  to  determine  the  effect  of  the  application  of  a  barrel 
tax,  we  must  answer  question  No.  3  "No." 

Question  No.  3-a  reads  as  follows:  "Would  it  be  a  valid 
exercise  of  the  state's  taxing  powers  to  amend  the  taxing  pro- 
visions of  the  proposed  statute  so  as  to  provide  that  the  tax  in 
question  be  levied  as  an  ad  valorem  tax,  namely,  a  reasonable 
and  uniform  percentage  of  the  fair  value  per  barrel  of  such 
refined  petroleum  products?"  As  we  said  in  answer  to  question 
No.  1,  the  petroleum  products  to  be  taxed  under  this  bill  con- 
stitute a  distinctive  class  of  property  which  has  been  generally 
recognized  as  a  proper  subject  of  taxation.  Havens  v.  Attorney 
General,  91  N.H.  115,  14  A.2d  636  (1940).  The  incidence  of 
the  tax  depends  upon  a  characteristic  or  distinctive  event,  the 
refining  of  crude  oil  to  petroleum  products.  The  tax  proposed 
by  this  question  would  be  at  a  reasonable  and  uniform  per- 
centage of  the  fair  value  of  each  barrel  of  the  refined  products. 
We  are  of  the  opinion  that  such  a  tax  Avould  meet  the  require- 
ments of  the  New  Hampshire  constitution.  Opinion  of  the 
Justices,  94  N.H.  506,  52  A.2d  294  (1947)  ;  see  Opinion  of  the 
Justices,  111  N.H.  131,  134,  276  A.2d  817,  820  (1971). 

The  local  activity  of  refining  would  not  be  an  integral  part 
of  interstate  commerce  and  no  other  State  could  impose  a  simi- 
lar tax  for  the  incidence  of  refining  which  took  place  here.  Cf. 
Michigan-Wisconsin  Pipe  Line  Co.  v.  Calvert,  347  U.S.  157,  166, 
98  L.  fed.  584,  591,  74  S.  Ct.  396,  401  (1954) .  The  fact  that  after 
refining,  some  part  of  the  resulting  products  might  be  sold 
within  the  State  and  part  outside  in  interstate  commerce  would 
not  affect  the  power  of  New  Hampshire  to  tax  it.  Nashville  C.  & 
St.  L.  R.  Co.  V.  Wallace,  282  U.S.  249,  75  L.  Ed.  322,  51  S.  Ct. 
153  (1932). 

We  are  of  the  opinion  that  the  tax  proposed  in  question 
No.  3-a  would  not  violate  our  State  constitution  or  the  Federal 
Constitution  and  would  be  valid.  Our  answer  to  question  No. 
3-a  is  "Yes." 

Your  question  No.  4  reads:  "In  all  respects,  other  than  those 
to  which  the  preceding  three  questions  relate,  is  the  proposed 
statute  constitutional  upon  its  face?"  The  limitation  of  time,  if 


House  Journal,  26Mar74  257 

our  answer  is  to  be  of  assistance  to  you,  precludes  review  of 
sections  other  than  section  4  of  House  bill  34,  and  we  respect- 
fully ask  to  be  excused  from  further  answer. 

Frank  R.  Kenison 
Laurence  I.  Duncan 
Edward  J.  Lampron 
Robert  F.  Griffith 

March  20,  1974 

To  the  House  of  Representatives 

I  share  the  views  of  the  other  justices  except  as  to  question 
No.  2.  Although  the  proposed  statute  is  phrased  in  terms  of  an 
exemption  of  products  "produced  for  distribution  and  con- 
sumption within  the  state,"  its  effect  is  to  impose  a  tax  only  on 
those  products  which  enter  interstate  commerce. 

There  is  no  question  but  that  interstate  commerce  can 
be  made  to  pay  a  nondiscriminatory  share  of  the  tax  burden. 
The  cases  cited  by  the  other  justices  {Coe  v.  Errol,  116  U.S.  517 
(1886))    and   United  Airlines,  Inc.  v.  Mahin,  410   U.S.  623 
(1973)  were  both  cases  where  the  tax  fell  equally  on  both  intra- 
state and  interstate  commerce.  In  McGoldrick  v.  Benvind-White 
Coal  Mining  Co.,  309  U.S.  33,  84  L.  Ed.  565,  60  S.  Ct.  388 
(1940) ,  a  tax  on  the  sale  of  coal  was  upheld  because  it  was 
applied  equally  to  all  coal  sold  whether  it  went  into  intrastate 
or  interstate  commerce. 

Federal  cases  emphasize  that  any  tax  on  interstate  com- 
merce must  be  nondiscriminatory  and  that  a  state  may  not  pro- 
mote its  own  economic  advantages  by  placing  a  burden  on 
interstate  commerce.  See  for  example  Henneford  v.  Silas  Mason 
Co.,  300  U.S.  577,  81  L.  Ed.  814,  57  S.  Ct.  524  (1937)  ;  Alaska 
V.  Arctic  Maid,  366  U.S.  199,  6  L.  Ed.  2d  227,  81  S.  Ct.  929 
(1961)  ;  North  Western  Cement  Co.  v.  Minnesota,  358  U.S.  450, 
3  L.  Ed.  2d  421,  79  S.  Ct.  357  (1958)  ;  H.  P.  Hood  &  Sons  v. 
DuMond,  336  U.S.  525,  93  L.  Ed.  865,  69  S.  Ct.  657  (1949)  ; 
Commonwealth  of  Pennsylvania  v.  State  of  West  Virginia,  262 
U.S.  553,  67  L.  Ed.  1117,  43  S.  Ct.  658  (1923). 

Because  of  the  substantial  loss  which  the  State  would  suffer 
in  tax  revenues  in  the  event  of  the  invalidation  by  the  federal 
courts  of  the  statute  if  enacted  with  the  exemption,  I  simply 
wish  to  alert  the  House  of  Representatives  to  that  provision  of 


258  House  Journal,  26Mar74 

the  proposed  act  which  I  think  makes  its  validity  under  the 
Federal  Constitution  suspect.  Whether  the  risk  should  be  taken 
is  of  course  not  for  us  to  determine. 

William  A,  Grimes 
March  20  1974. 

The  Speaker  announced  that  Mr.  Richard  Ahern  brought 
his  grandfather's  gavel  in  for  ceremonial  use. 

William  J.  Ahern,  Democrat,  Representative  for  16  terms 
1896-1928.  Speaker  in  1928  session.  This  is  the  gavel  presented 
to  him. 

Richard  Ahern  and  sister  are  in  gallery. 

COMMITTEE  REPORTS 

SB  22 

establishing  a  study  committee  to  develop  a  plan  to  provide 
public  assistance  to  private  institutions  of  higher  learning  in 
this  state.  Ought  to  pass  with  amendment.  Rep.  Hager  for  Edu- 
cation. 

There  have  been  several  tuition  bills  entered  into  the 
legislature  recently.  This  bill  will  establish  a  committee  to 
study  the  various  ideas  about  funding  for  private  higher 
education. 

AMENDMENT 

Amend  the  bill  by  striking  out  section  1  and  inserting  in 
place  thereof  the  following: 

1  Committee  to  Study  Assistance  for  Private  Higher  Educa- 
tion. There  is  hereby  established  an  interim  study  committee  to 
study  and  develop  a  plan  for  providing  public  assistance  to  pri- 
vate institutions  of  higher  learning  in  this  state.  The  committee 
shall  consist  of  two  senators  appointed  by  the  president  of  the 
senate,  three  members  of  the  house  of  representatives  appointed 
by  the  speaker  of  the  house,  and  three  persons  jointly  appointed 
by  the  president  of  the  senate  and  the  speaker  of  the  house  after 
consultation  with  the  New  Hampshire  university  and  college 
council,  one  to  represent  the  university  of  New  Hampshire 
system,  one  to  represent  private  institutions  of  higher  learning 
in  the  state,  and  one  to  represent  the  postsecondary  education 
commission.  The  committee  shall  elect  a  chairman  from  among 


House  Journal,  26Mar74  250 

its  members.  Committee  members  shall  not  receive  compensa- 
tion. The  committee  shall  study  various  forms  of  public  assist- 
ance which  may  be  provided  for  private  institutions  of  higher 
learning  and  shall  develop  a  recommended  plan  for  such  assist- 
ance. The  committee  shall  submit  its  findings  and  recommenda- 
tions, together  with  a  draft  of  any  proposed  legislation,  to  the 
1975  regular  session  of  the  General  Court  no  later  than  the 
last  Wednesday  of  December,  1974. 

Amendment  adopted. 

Rep.  Stevenson  offered  an  amendment. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

AN  ACT 

establishing  a  study  committee  to  develop  a  plan  to  provide 
public  assistance  to  private  institutions  of  higher  learning 

in  this  state  and  relating  to  the  Lafayette 
Regional  School  District  and  Bethlehem  School  District. 

Amend  the  bill  by  striking  out  all  after  section  1  and  in- 
serting in  place  thereof  the  following: 

2  New  Cooperative.  The  Lafayette  Regional  School  Dis- 
trict and  the  Bethlehem  School  District  are  hereby  authorized 
and  empowered  to  form  a  new  junior  high  school  and  high 
school  cooperative  school  district  pursuant  to  the  provisions  of 
RSA  195:18.  The  articles  of  agreement  executed  for  the  pur- 
pose of  forming  such  new  cooperative  school  district  shall  be 
submitted  to  the  voters  of  the  Lafayette  Regional  School  Dis- 
trict and  the  Bethlehem  School  District  for  approval  or  rejec- 
tion as  provided  by  RSA  195:18.  If  such  articles  are  adopted 
resulting  in  the  formation  of  a  new  cooperative  school  district, 
the  existing  Lafayette  Regional  School  District  and  Bethlehem 
School  District  shall  continue  to  function  as  separate  entities 
chari^ed  with  the  elementary  grade  level  education  of  students 
within  the  respective  districts.  LIpon  adoption  of  such  articles 
resulting  in  the  formation  of  a  new  junior  high  school  and 
high  school  cooperative  school  district,  all  inconsistent  pro- 
visions contained  in  the  existing  articles  of  agreement  of  the 
Lafayette  Regional  School  District  and  in  the  by-laws  of  the 


260  House  Journal,  26Mar74 

Bethlehem  School  District  shall  be  repealed  by  operation  of 
this  act  to  the  extent  that  they  are  inconsistent  with  the  arti- 
cles of  agreement  of  the  new  junior  high  school  and  high 
school  district. 

3  Building  Aid.  If  the  Lafayette  Regional  School  District 
and  the  Bethlehem  School  District  become  part  of  a  new  junior 
high  school  and  high  school  cooperative  school  district  as  pro- 
vided in  section  2,  the  articles  of  agreement  may  provide  that 
all  state  aid  thereafter  payable  on  account  thereof  to  the  new 
cooperative  school  district  shall  be  calculated  as  if  Easton, 
Franconia,  Sugar  Hill,  and  Bethlehem  were  four  separate  pre- 
existing school  districts. 

4  Referendum.  This  act  shall  not  take  effect  unless  it  is 
adopted  by  a  majority  vote  at  a  regular  or  special  meeting  of 
the  Lafayette  Regional  School  District  and  the  Bethlehem 
School  District  as  hereinafter  provided.  The  warrants  for  said 
meetings  shall  contain  an  article  relative  to  the  approval  of  this 
act  and  the  school  district  clerks  shall  prepare  a  special  ballot 
on  which  shall  be  the  following  question:  "Shall  the  provisions 
of  'An  Act  relating  to  the  Lafayette  Regional  School  District 
and  the  Bethlehem  School  District'  enacted  at  the  1974  special 
session  of  the  legislature  be  adopted?"  Beneath  this  question 
shall  be  printed  the  word  "Yes"  and  the  word  "No"  with  a  square 
immediately  opposite  each  word,  in  which  the  voter  may  indi- 
cate his  choice.  If  a  majority  of  voters  present  and  voting  on 
the  question  at  each  meeting  shall  vote  in  the  affirmative,  this 
act  shall  be  declared  to  have  been  adopted.  Within  ten  days 
after  said  meetings,  the  school  district  clerks  shall  certify  to  the 
secretary  of  state  the  result  of  the  vote  on  the  question. 

5  Effective  Date.  Sections  1  and  4  shall  take  effect  upon 
passage  of  this  act.  Sections  2  and  3  shall  take  effect  upon  adop- 
tion as  provided  in  section  4  of  this  act. 

Rep.  Stevenson  moved  to  dispense  with  the  reading  of  the 
amendment. 

Adopted. 

Rep.  Stevenson  explained  his  amendment. 

Rep.  French  spoke  in  favor  of  the  amendment. 

Stevenson  amendment  adopted. 

Ordered  to  third  reading. 


House  Journal,  26Mar74  261 

SB  3 

changing  the  compensation  of  certain  state  law  enforce- 
ment employees. 

A  necessary  addition  to  those  eligible  for  overtime  pay, 
plus  an  amendment  to  a  law  passed  last  session  on  payment 
of  witness  fees  that  through  an  error  has  been  costing  the 
counties  too  much  in  fees  to  off-duty  law  enforcement  of- 
ficers. 

Referred  to  Appropriations. 

SB  11 

establishing  a  state  historic  preservation  office  and  mak- 
ing an  appropriation  therefor.  Ought  to  pass.  Rep.  Tucker 
for  Executive  Departments  and  Administration. 

This  leofislation,  similar  to  SB  137  of  the  last  session,  which 
was  vetoed  and  then  recreated  by  an  executive  order,  puts 
into  law  what  is  now  Executive  Order  73-26. 

Referred  to  Appropriations. 

SB  5 

providing  that  a  person  cannot  be  denied  unemployment 
compensation  benefits  if  he  refuses  a  job  too  distant  from  his 
home.  Ought  to  pass  with  amendment.  Rep.  Sanborn  for  La- 
bor, Human  Resources  and  Rehabilitation. 

This  bill  has  been  completely  amended.  To  be  imple- 
mented in  case  an  emergency  arrives. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  in-^ 
serting  in  place  thereof  the  following: 

An  Act 

providing  unemployment  benefits  under  certain  circumstances 

to  persons  involuntarily  unemployed  due  to  the 

unavailability  of  gasoline  for  automobiles. 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Report  on  Unemployment.  At  the  end  of  each  month, 
the  commissioner  of  the  department  of  employment  security 


262  House  Journal,  26Mar74 

shall  prepare  a  report  of  the  number  of  individuals  who  have 
been  determined  by  said  department  to  be  unable  to  apply  for 
work  or  unable  to  continue  their  work  during  such  month  be- 
cause they  were  unable  to  commute  to  work  due  to  the  unavail- 
ability of  gasoline.  Such  report  shall  be  presented  to  the  gov- 
ernor on  the  first  business  day  of  the  following  month. 

2  Emergency  Power.  Upon  a  finding  by  the  governor  that 
conditions  so  warrant,  he  may,  with  the  consent  of  the  council, 
declare  that  an  emergency  exists  throughout  the  state  which  is 
indicated  by  involuntary  unemployment  or  continued  unem- 
ployment caused  by  the  lack  of  gasoline.  During  the  period 
specifically  stated  in  the  declaration,  the  following  provisions 
shall  apply: 

I.  Availability.  No  individual  shall  be  denied  unemploy- 
ment compensation  under  RSA  282  solely  for  failing  to  accept 
or  apply  for  work  which  is  beyond  his  commuting  ability  be- 
cause of  the  unavailability  of  motor  fuel  for  privately-owned 
automobiles  if  he  has  reasonably  exhausted  alternative  meth- 
ods of  commuting,  including  car  pools,  as  determined  by  the 
commissioner  or  his  authorized  representative. 

II.  Search  for  Work.  No  search  for  work  by  an  individual 
shall  be  deemed  unreasonable  under  RSA  282  if  such  search  is 
involuntarily  restricted  due  to  the  unavailability  of  motor  fuel 
for  privately-owned  automobiles,  and  if  the  individual  has 
reasonably  considered  and  taken  advantage  of  alternative  meth- 
ods for  conducting  job-hunting  activities,  as  determined  by 
the  commissioner  or  his  authorized  representative. 

III.  Voluntary  Leaving.  Any  individual  who  is  forced  to 
leave  his  work  through  no  fault  of  his  own  because  of  the  un- 
availability of  motor  fuel  for  individual  automobiles  shall  be 
deemed  to  be  involuntarily  unemployed  under  RSA  282  if  he 
has  taken  reasonable  advantage  of  alternative  methods  for  con- 
tinuing to  commute  to  said  work,  as  determined  by  the  com- 
missioner or  his  authorized  representative. 

3  Effective  Date.  This  act  shall  take  effect  upon  its  passage 
and  shall  remain  in  effect  only  up  to  and  including  March  31, 
1975.  After  such  date,  the  provisions  of  this  act  shall  become 
void  and  of  no  force  and  effect. 

Amendment  adopted. 


House  Journal,  26Mar74  263 

Rep.  Spirou  moved  that  SB  5  be  indefinitely  postponed 
and  spoke  in  favor  of  the  motion. 

(discussion) 

Rep.  Stevenson  spoke  in  favor  of  the  motion. 

Adopted. 

SB  12 

to  further  protect  the  rights  of  mobile  home  owners  by 
requiring  the  consumer  protection  division  of  the  attorney 
general's  office  to  promulgate  guidelines  as  to  what  constitutes 
reasonable  rules  and  regulations  for  mobile  parks  and  by  re- 
quiring that  tenants  be  given  copies  of  such  rules  and  regula- 
tions. Ought  to  pass  with  amendment.  Rep.  Hanson  for  Munici- 
pal and  County  Government. 

The  amendment  replaces  the  entire  original  SB  12,  and 
generally  provides  protection  to  mobile  home  owners,  in 
addition  to  that  protection  already  provided  by  SB  28 
(Chapter  291-1973).  Legislation  requires  owners/operators 
of  mobile  home  parks  to  furnish  each  tenant  with  a  copy 
of  "rules  and  regulations"  for  the  park;  also  permits  owners 
/operators  to  charge  reasonable  rates  (comparable  to  nearby 
localities)  for  fuel  and  gas  furnished  from  a  central  source 
to  the  tenants. 

An  additional  feature  of  the  bill,  for  benefit  of  mobile 
home  park  owners/operators,  gives  them  the  right  to  re- 
quire, that  the  first  mobile  home  to  be  placed  on  each  lot, 
in  a  newly  constructed  mobile  home  park  be  purchased 
from  the  park  owner/operator. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert 
ing  in  place  thereof  the  following: 

An  Act 

to  further  protect  the  rights  of  mobile  home  owners  by 

requiring  that  mobile  home  park  owners  and  operators 

state  the  rules  and  regulations  of  the  park  in  writing  and 

provide  all  tenants  with  copies  of  the  rules  and  to  encourage 

the  construction  of  mobile  home  parks  by  not  prohibiting 

the  so-called  "first  sale"  restriction  in  a  new  park. 


264  House  Journal,  26Mar74 

Amend  the  bill  by  striking  out  everything  after  the  enact- 
ing clause  and  inserting  in  place  thereof  the  following: 

1  Tenant  to  be  Given  Copy  of  Rules.  Amend  RSA  205-A:2 
(supp)  as  inserted  by  1973,  291:1,  by  inserting  after  paragraph 
VI  the  following  new  paragraph: 

VII.  On  or  after  July  1,  1974,  fail  to  provide  each  tenant 
who  resides  in  his  park  with  a  written  copy  of  the  rules  and 
regulations  of  said  mobile  home  park.  Said  rules  and  regulations 
shall  set  forth  the  terms  and  conditions  of  the  tenancy  and  shall 
contain  the  following  notice  at  the  top  of  the  first  page  printed 
in  capital  typewritten  letters  or  in  10  point  bold  face  print: 

Important  Notice  Required  by  Law 

THE  RULES  SET  FORTH  BELOW  GOVERN  THE 
TERMS  OF  YOUR  RENTAL  AGREEMENT  WITH  THIS 
MOBILE  HOME  PARK.  THE  LAW  REQUIRES  ALL 
RULES  AND  REGULATIONS  OF  THIS  PARK  TO  BE 
REASONABLE.  NO  RULE  OR  REGULATION  MAY  BE 
CHANGED  WITHOUT  YOUR  CONSENT  UNLESS  THIS 
PARK  GIVES  YOU  90  DAYS  ADVANCE  NOTICE  OF  THE 
CHANGE. 

SUBJECT  TO  THE  TERMS  OF  ANY  WRITTEN 
LEASE  AGREEMENT,  YOU  MAY  CONTINUE  TO  STAY 
IN  THIS  PARK  AS  LONG  AS  YOU  PAY  YOUR  RENT 
AND  ANY  OTHER  LAWFUL  CHARGES,  FOLLOW  THE 
RULES  AND  REGULATIONS  OF  THE  PARK  AND  AP- 
PLICABLE LOCAL,  STATE  AND  FEDERAL  LAW,  DO 
NOT  DAMAGE  PARK  PROPERTY  AND  DO  NOT  RE- 
PEATEDLY BOTHER  OTHER  TENANTS  IN  THE 
PARK.  YOU  MAY  BE  EVICTED  FOR  NONPAYMENT  OF 
RENT,  BUT  ONLY  IF  YOU  FAIL  TO  PAY  ALL  RENT 
DUE  WITHIN  THIRTY  DAYS  AFTER  YOU  RECEIVE 
WRITTEN  NOTICE  THAT  YOU  ARE  BEHIND  IN 
YOUR    RENT. 

YOU  MAY  ALSO  BE  EVICTED  FOR  NOT  FOLLOW- 
ING THE  RULES  AND  REGULATIONS  OF  THIS  PARK 
BUT  ONLY  IF  THE  RULES  AND  REGULATIONS  ARE 
REASONABLE,  YOU  HAVE  BEEN  GIVEN  WRITTEN 
NOTICE  OF  YOUR  FAILURE  TO  FOLLOW  THE  RULES, 
AND  YOU  THEN  CONTINUE  TO  BREAK  THE  RULES. 


House  Journal,  26Mar74  265 

YOU  MAY  NOT  BE  EVICTED  FOR  JOINING  A  TENANT 
ORGANIZATION. 

IF  THIS  PARK  WISHES  TO  EVICT  YOU,  IT  MUST 
GIVE  YOU  60  DAYS  ADVANCE  NOTICE,  EXCEPT  IF 
YOU  ARE  BEHIND  IN  YOUR  RENT,  IN  WHICH  CASE 
ONLY  30  DAYS  NOTICE  IS  REQUIRED.  THE  EVICTION 
NOTICE  MUST  GIVE  YOU  THE  REASON  FOR  THE 
PROPOSED    EVICTION. 

YOU  HAVE  THE  RIGHT  TO  SELL  YOUR  HOME 
IN  PLACE  TO  ANYONE  AS  LONG  AS  THE  BUYER  AND 
HIS  HOUSEHOLD  MEET  THE  RULES  OF  THIS  PARK. 
YOU  MUST  NOTIFY  THE  PARK  IF  YOU  INTEND  TO 
SELL  YOUR  HOME.  FAILURE  TO  DO  SO  MAY  MEAN 
THAT  THE  BUYER  WILL  BE  REQUIRED  TO  MOVE 
THE    HOME    FROM    THE    PARK. 

COPIES  OF  THE  LAW  UNDER  WHICH  THIS  NO- 
TICE IS  REQUIRED  MAY  BE  OBTAINED  FROM  THE 
CONSUMER  "protection  DIVISION  OF  THE  AT- 
TORNEY GENERAL'S  OFFICE,  STATE  HOUSE  ANNEX, 
CONCORD,    NEW    HAMPSHIRE    03301. 

2  Second  Purchaser  Must  Comply  n^ith  Park  Rules.  Amend 
RSA  205-A:2,  II  (supp)  as  inserted  by  1973,  29LI,  by  inserting 
in  line  six  after  the  word  "withhheld"  the  following  (The  park 
owner  or  operator  may  require  as  a  condition  of  said  permis- 
sion that  the  purchaser  and  his  household  meet  the  current 
rules  of  the  park.)  and  by  striking  out  in  line  six  after  the  word 
"withhheld"  the  following  "and",  so  that  said  paragraph  as 
amended  shall  read  as  follows: 

II.  Deny  any  resident  of  a  mobile  home  park  the  right  to 
sell  at  a  price  of  his  own  choosing,  said  resident's  mobile  home 
within  the  park  or  require  the  resident  or  purchaser  to  remove 
the  mobile  home  from  the  park  solely  on  the  basis  of  the  sale 
thereof.  The  park  owner  or  operator  may  reserve  the  right  to 
approve  the  purchaser  of  said  mobile  home  as  a  tenant,  but 
such  permission  may  not  be  unreasonably  withhheld.  The  park 
owner  or  operator  may  require  as  a  condition  of  said  permission 
that  the  purchaser  and  his  household  meet  the  current  rules  of 
the  park.  The  park  owner  or  operator  shall  not  exact  a  commis- 
sion or  fee  with  respect  to  the  price  realized  by  the  seller  unless 
the  park  owner  or  operator  has  acted  as  agent  for  the  mobile 
home  owner  pursuant  to  a  written  contract. 


266  House  Journal,  26Mar74 

3  Central  Fuel  Systems  Allowed.  Amend  RSA  205-A:2,  III, 
(supp)  as  inserted  by  1973,  291:1  by  inserting  in  line  four  after 
the  word  "company"  the  following  (However,  the  park  owner 
or  operator  may  impose  reasonable  conditions  relating  to  cen- 
tral fuel  and  gas  meter  systems  in  the  park.  If  such  conditions 
are  imposed,  the  charges  for  such  goods  and  services  shall  not  ex- 
ceed the  average  prevailing  price  in  the  locality  for  similar 
goods  or  services.)  so  that  said  paragraph  as  amended  shall  read 
as  follows: 

III.  Require  any  tenant  to  purchase  any  goods  or  services, 
including  but  not  limited  to  fuel  oil,  paving,  snow  plowing, 
dairy  products,  laundry  service,  bakery  products,  and  food  prod- 
ucts, from  any  particular  person  or  company.  However,  the 
park  owner  or  operator  may  impose  reasonable  conditions  re- 
lating to  central  fuel  and  gas  meter  systems  in  the  park.  If  such 
conditions  are  imposed,  the  charges  for  such  goods  and  services 
shall  not  exceed  the  average  prevailing  price  in  the  locality  for 
similar  goods  or  services. 

4  Park  Owner  May  Sell  the  First  Unit  on  a  New  Lot. 
Amend  RSA  205-A:2,  V,  (supp)  as  inserted  by  1973,  291:1  by 
inserting  in  line  two  after  the  word  "person"  the  following  (un- 
less the  person  designated  is  the  park  owner  or  operator  and  the 
requirement  is  imposed  only  in  connection  with  the  initial 
leasing  or  renting  of  a  newly-constructed  lot  or  space  not  pre- 
viously leased  or  rented  to  any  other  person.)  so  that  said  para- 
graph as  amended  shall  read  as  follows: 

V.  Require  any  tenant,  or  person  seeking  space  in  the 
mobile  home  park,  to  purchase  a  mobile  home  from  any  par- 
ticular person  unless  the  person  designated  is  the  park  oAvner 
or  operator  and  the  requirement  is  imposed  only  in  connection 
with  the  initial  leasing  or  renting  of  a  newly-constructed  lot  or 
space  not  previously  leased  or  rented  to  any  other  person. 

5  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 
Amendment  adopted. 

Ordered  to  third  reading. 

SB  17 

relative  to  the  New  Hampshire  Port  Authority,  the  con- 
struction of  fishing  facilities  at  Portsmouth,  Hampton  and  Rye 
harbors,  and  the  location  of  marine  science  docking  and  related 


House  Journal,  26Mar74  267 

facilities  for  the  university  of  New  Hampshire  and  making  an 
appropriation  therefor.  Ought  to  pass  with  amendment.  Rep. 
Ellis  for  Public  Works. 

This  bill  with  its  Senate  and  House  amendments  appro- 
priates capital  expenditures  for  the  N.  H.  Port  Authority, 
fishing  pier  projects  at  Hampton  and  Rye,  and  a  marine 
science  facility,  as  outlined  in  the  amended  title  of  the 
bill.  The  committee  after  field  study  and  review  of  the 
project  voted  to  pass  as  amended. 

AMENDMENT 

Amend  the  bill  by  striking  out  section  1  and  inserting  in 
place  thereof  the  following: 

1  Appropriation.  The  sum  of  two  million  three  hundred 
thousand  dollars  is  hereby  appropriated  to  the  New  Hampshire 
Port  Authority  for  the  construction  of  a  second  docking  facility 
for  oceangoing  vessels  in  Portsmouth,  provided  however  that 
no  funds  shall  be  expended  under  this  section  until  completion 
of  a  study  commissioned  jointly  by  the  department  of  resources 
and  economic  development,  the  city  of  Portsmouth  and  the 
Southeastern  Regional  Planning  Commission  at  their  expense 
to  determine  the  desirability  of  such  expenditure  for  the  exten- 
sion of  the  Port  Authority  facilities.  Such  study,  to  be  completed 
no  later  than  December  31,  1974  shall  include  but  not  be 
limited  to  consideration  of  warehousing,  cold  storage  facilities 
and  the  nature  of  ownership  and  shall  be  the  basis  of  a  report 
to  be  submitted  to  the  fiscal  committee  of  the  general  court 
and  the  governor  and  council.  If  such  report  and  recommenda- 
tions are  approved  by  both  the  fiscal  committee  and  the  gov- 
ernor and  council,  the  bonds  authorized  may  be  used  to  fund 
the  facilities  so  recommended  by  the  report. 

Amend  section  3  of  the  bill  by  striking  out  paragraph  I  of 
said  section  and  inserting  in  place  thereof  the  following: 

I.  Commercial  fishing  pier  and  docking  facility  in  the  city 
of  Portsmouth  on  land  to  be  leased  from  the  city  of  Portsmouth 
at  rental  of  not  more  than  one  thousand  dollars  per  year. 

Amend  the  bill  by  striking  out  section  4  and  inserting  in 
place  thereof  the  following: 

4  Appropriation  for  Pier  in  Rye  and  Hampton.  The  sum 


268  House  Journal,  26Mar74 

of  three  hundred  fifty  thousand  dollars  is  hereby  appropriated 
to  the  department  of  resources  and  economic  development  for 
the  construction  of  a  fishing  pier  and  recreational  boating  facili- 
ties in  Hampton  harbor  and/or  Rye  harbor.  The  department 
shall  be  entitled  to  charge  reasonable  user  fees  which  shall  be 
dedicated  to  the  maintenance  of  the  facility. 

Amend  the  bill  by  striking  out  section  5  and  inserting  in 
place  thereof  the  following: 

5  Marine  Science  Facilities.  The  department  of  resources 
and  economic  development  is  directed  to  locate  suitable  dock- 
ing and  support  marine  science  facilities  of  the  university  of 
New  Hampshire  at  locations  under  its  jurisdiction,  jurisdiction 
of  the  Port  Authorty  or  other  locations  suitable  for  this  purpose 
subject  to  concurrence  of  the  board  of  trustees  of  the  university 
of  New  Hampshire.  The  sum  of  fifty  thousand  dollars  is  hereby 
appropriated  to  the  department  of  resources  and  economic  de- 
velopment to  construct  or  reconstruct  or  add  to  docking  facility 
for  this  purpose.  This  appropriation  shall  not  be  transferred  or 
expended  for  any  other  purpose. 

Rep.  Newell  commented  on  the  bill. 

(discussion) 

Reps.  Raymond,  Drake,  Maynard  and  Zachos  spoke  in 
favor  of  the  bill. 

Amendment  adopted. 
Referred  to  Appropriations. 

SB  4 

relative  to  penalties  and  forfeitures  for  noncompliance 
with  sewage  and  waste  disposal  rules  and  regulations  of  the  wa- 
ter supply  and  pollution  control  commission.  Ought  to  pass 
with  amendment.  Rep.  Claflin  for  Resources,  Recreation  and 
Development. 

Reference  is  made  to  the  analysis  on  the  printed  bill.  The 
Senate  amendment  puts  the  bill  in  line  with  the  criminal 
code.  The  House  amendment  clarifies  the  responsibility  of 
violators  and  assigns  civil  forfeiture  solely  to  enforcement. 

AMENDMENT 

Amend  RSA  149-E:7  as  inserted  by  section  1  of  the  bill  by 


House  Journal,  26Mar74  269 

striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

149-E:7  Penalties. 

I.  Any  person  who  shall  violate  any  of  the  provisions  of  this 
chapter  or  who  shall  knowingly  fail,  neglect  or  refuse  to  obey 
any  order  of  the  commission  or  member  or  authorized  agent 
of  the  commission  issued  under  the  authority  of  this  chapter,  or 
who  shall  knowingly  make  any  misstatement  of  material  fact 
for  which  said  person  is  personally  responsible  in  connection 
with  an  application  for  an  approval  pursuant  to  this  chapter 
shall  be  guilty  of  a  misdemeanor  if  a  natural  person;  or  guilty 
of  a  felony  if  any  other  person. 

II.  Any  person  who  knowingly  produces  any  erroneous  or 
fallacious  data  with  regard  to  any  application  or  plan  submitted 
pursuant  to  this  chapter  shall  bear  the  full  responsibility  for 
same,  and  shall  be  guilty  of  a  misdemeanor  if  a  natural  person, 
or  guilty  of  a  felony  if  any  other  person. 

III.  Notwithstanding  any  other  penalty  or  fine  for  which 
liability  is  provided  under  this  chapter,  any  person  may  be 
liable  to  the  state,  in  an  action  commenced  in  the  name  of  the 
state,  for  a  civil  forfeiture  of  not  more  than  five  thousand  dollars 
for  such  violation,  failure,  neglect,  refusal  or  any  misstatement 
for  which  said  person  is  personally  responsible.  Such  forfeiture 
may  be  levied  by  the  superior  court  in  connection  with  actions 
for  injunctive  relief  commenced  pursuant  to  RSA  149-E:8.  The 
proceeds  of  any  civil  forfeiture  levied  under  this  section  shall 
be  utilized  in  the  enforcement  of  this  chapter. 

Amendment  adopted. 

Ordered  to  third  reading. 

SB  24 

authorizing  cities  and  towns  to  grant  franchises  for  cable 
television  systems.  Ought  to  pass  with  amendment.  Rep.  Chase 
for  Statutory  Revision. 

The  bill  clarifies  the  conditions  under  which  towns  and 
cities  may  grant  franchises  for  cable  television  systems. 

AMENDMENT 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 


270  House  Journal,  26Mar74 

1  New  Chapter.  Amend  RSA  by  inserting  after  chapter 
53-B  the  following  new  chapter: 

Chapter  53-C 

Franchising  and  Regulation  of  Cable 
Television  Systems  by  Cities  and  Towns 

53-C:l  Definitions.  As  used  in  this  chapter  unless  the  con- 
text clearly  indicates  otherwise: 

I.  "Cable  television  system"  means  the  service  of  receiving 
and  amplifying  signals  broadcast  by  one  or  more  television  or 
radio  stations  and  distributing  such  programs  by  wire,  cable, 
microwave  or  other  means,  whether  or  not  such  means  are 
owned  by  or  leased  to  persons  who  subscribe  to  such  service. 
Such  system  shall  not  include  a  master  antenna  television  system. 

II.  "Master  antenna  television  system"  means  a  cable  tele- 
vision system  which  serves  only  the  residents  of  one  or  more 
apartment  dwellings  under  common  ownership,  control  or 
management,  and  any  commercial  establishment  located  on  the 
premises  of  such  apartment  house  and  which  transmits  only 
signals  broadcast  over  the  air  by  stations  which  may  be  viewed 
normally  or  heard  locally  without  objectionable  interference, 
and  which  does  not  provide  any  additional  service  over  its  facili- 
ties. 

III.  "Franchising  authority"  means  in  the  case  of  a  city,  the 
city  council,  and  in  the  case  of  a  town,  the  selectmen,  when 
authorized  by  an  annual  or  special  town  meeting. 

IV.  "Municipality"  means  any  city  or  town. 

V.  "Person"  means  any  individual,  partnership,  corpora- 
tion, municipality  or  other  legal  entity. 

53-C: 2  Franchise  Required.  No  person  shall  construct, 
commence  construction,  or  operate  a  cable  television  system  in 
any  municipality  without  first  obtaining  a  written  franchise 
from  the  franchising  authority  of  each  municipality  in  which 
such  system  is  installed  or  to  be  installed. 

53-C: 3  Authority  to  Grant  Franchises.  Any  franchising  au- 
thority is  hereby  authorized  to  grant,  renew,  amend  or  rescind 
for  cause  franchises  for  the  installation  and  operation  of  cable 
television   systems   in   accordance  with   the  provisions  of  this 


House  Journal,  26Mar74  271 

chapter  within  the  geographical  limits  of  its  respective  towns 
or  cities. 

53-C:4  Authority  to  Establish  Fees  and  Impose  Conditions. 
In  conjunction  with  the  rights  granted  in  said  franchises,  any 
franchising  authority  may  require  reasonable  fees  payable  to 
the  municipality  and  may  impose  conditions  not  inconsistent 
with  applicable  Rules  and  Regulations  of  the  Federal  Com- 
munications Commission,  as  amended  from  time  to  time. 

53-C:5  Existing  Operations.  Any  existing  contract,  license, 
permit,  resolution  or  other  accepted  authorization  for  a  cable 
television  system  which  is  in  operation  as  of  the  effective  date 
of  this  act,  or  for  a  cable  television  system  which  has  substan- 
tially completed  the  installation  of  equipment  and  facilities 
as  of  such  date,  shall  be  deemed  to  be  a  franchise  under  the 
provisions  of  this  chapter  until  the  earlier  of  the  expiration  of 
its  stated  term,  if  any,  or  the  date  of  any  renewal  or  amend- 
ment required  under  applicable  Rules  and  Regulations  of  the 
Federal  Communications  Commission,  as  amended  from  time 
to  time. 

2.  Effective  date.  This  act  shall  take  effect  upon  its  passage. 

At  the  request  of  Rep.  Patrick,  Rep.  Fred  E.  Murray  an- 
swered questions. 

Amendment  adopted. 

Ordered  to  third  reading. 

SJR  2 

establishing  an  interim  committee  to  study  oil  companies 
and  other  energy  suppliers.  Ought  to  pass  with  amendment. 
Rep.  Chase  for  Statutory  Revision. 

The  resolution  will  continue  the  work  of  an  Ad  Hoc  Com- 
mittee to  study  oil  companies  and  energy  suppliers.  The 
amendment  removes  the  subpoena  power  and  would  pay 
usual  expenses  rather  than  legislative  mileage. 

Reps.  Daniell,  Spirou,  Gerry  F.  Parker,  Chandler  and  Nel- 
son spoke  against  the  amendment. 

Rep.  Newell  explained  the  committee  report. 

(discussion) 
Amendment  lost. 


272  House  Journal,  26Mar74 

Rep.  Parker  moved  that  SJR  2  be  reported  inexpedient  to 
legislate. 

The  clerk  read  SJR  2  in  full. 

Rep.  Parker  spoke  in  favor  of  his  motion. 

Reps.  Coutermarsh,  Nelson,  Daniell  and  Spirou  spoke 
against  the  motion. 

(discussion) 

Reps.  John  T.  AVinn  and  Patrick  spoke  in  favor  of  the 
motion. 

Rep.  Plourde  spoke  against  the  motion. 

Rep.  Fred  E.  Murray  non-spoke  in  favor  of  the  motion. 

Rep.  Arthur  F.  Mann  moved  the  previous  question. 

Sufficiently  seconded. 

Adopted. 

A  division  was  requested. 

It  being  manifestly  in  the  affirmative,  SJR  2  was  reported 
inexpedient  to  legislate. 

SB  8 

relative  to  the  distribution  of  testate  property  following 
waiver  of  a  will  by  surviving  spouse  and  relative  to  the  form  of 
notice  given  for  termination  of  parental  rights.  Ought  to  pass 
with  amendment.  Rep.  Nighswander  for  Judiciary. 

This  bill  with  amendment  restores  the  provisions  of  the 
law  regarding  waiving  of  surviving  spouse's  rights  to  those 
effective  prior  to  the  1973  legislation. 

AMENDMENT 

Amend  RSA  560:10  as  inserted  by  section  1  of  the  bill  by 
inserting  after  paragraph  III  the  following  new  paragraph: 

That  part  of  the  estate  not  passing  to  the  surviving  spouse 
as  provided  in  paragraphs  I  through  III  shall  pass  in  accordance 
with  the  terms  of  the  will,  provided  that  the  surviving  spouse 
shall  take  nothing  under  the  will. 


House  Journal,  26Mar74  273 

Amend  the  bill  by  striking  out  section  2  and  renumbering 
sections  3  through  5  to  read  as 

2,3,  and         4         respectively. 

Amend  the  bill  by  striking  out  section  4  and  inserting  in 
place  thereof  the  following: 

4  Effective  Date. 

I.  Sections  1  and  2  of  this  act  shall  take  effect  at  midnight  of 
the  day  of  its  passage  and  shall  apply  to  the  estates  of  persons 
deceased  after  midnight  of  such  day;  provided,  however,  that 
estates  in  which  a  surviving  spouse  has  waived  the  will  in  his 
favor  and  which  are  subject  to  the  provisions  of  1973,  293  in 
effect  prior  to  such  effective  date  may  elect  to  be  subject  to  the 
provisions  of  this  act  upon  filing  the  written  consent  of  all  in- 
terested parties  to  the  estate  with  the  probate  court  within  sixty 
days  of  the  filing  of  the  waiver  or  release  of  the  will  and  home- 
stead right  as  provided  in  RSA  560: 14. 

II.  Section  3  of  this  act  shall  take  effect  upon  its  passage. 
Amendment  adopted. 

Rep.  Bourassa  offered  an  amendment. 

AMENDMENT 

Amend  the  bill  by  striking  out  RSA  170-C:7  as  inserted 
by  section  3  of  the  bill  and  inserting  in  place  thereof  the  fol- 
lowing: 

170-C:7  Notice.  After  a  petition  has  been  filed,  the  court 
shall  set  the  time  and  place  for  a  hearing  and  shall  give  notice 
thereof  to  the  petitioner  who  shall  cause  notice  to  be  given  to 
the  parents  of  the  child,  the  guardian  of  the  person  of  the 
child,  the  person  having  legal  custody  of  the  child,  any  in- 
dividual standing  in  loco  parentis  to  the  child,  and  the  guard- 
ian ad  litem  of  any  party.  Where  the  child's  parent  is  a  minor, 
notice  shall  also  be  given  to  said  minor's  parents  or  guardian 
of  the  person  unless  the  court  is  satisfied,  in  the  exercise  of  its 
discretion,  that  such  notice  is  not  in  the  best  interest  of  said 
minor  and  that  it  would  serve  no  useful  purpose.  Notice  shall 
be  given  by  personal  service  to  the  parent  whose  parental  rights 
may  be  terminated  pursuant  to  the  petition  that  has  been  filed. 
Where  it  shall  appear  impractical  to  personally  serve  said  par- 


274  House  Journal,  26Mar74 

ent,  the  court  shall  order  service  by  certified  mail  to  the  par- 
ent's last  known  address  or  publication  once  a  week  for  two 
successive  weeks  in  a  newspaper  of  general  circulation  in  the 
area  where  that  person  was  last  domiciled  or  both.  All  other 
parties  shall  be  given  notice  by  regular  mail  at  their  last  known 
address.  The  hearing  shall  take  place  no  sooner  than  twenty 
days  after  service  of  notice,  except  that  if  notice  is  by  publica- 
tion the  hearing  shall  take  place  no  sooner  than  seven  days 
after  the  last  date  of  publication. 

The  clerk  read  the  amendment  in  full. 

Rep.  Bourassa  explained  his  amendment. 

Reps.  Close  and  Frizzell  spoke  against  the  Bourassa  amend- 
ment. 

Rep.  Sayer  spoke  in  favor  of  the  Bourassa  amendment. 

Rep.  Bourassa  spoke  a  second  time  in  favor  of  his  amend- 
ment. 

(discussion) 

Bourassa  amendment  adopted. 

Ordered  to  third  reading. 

RECONSIDERATION 

Rep.  Nelson  moved  to  reconsider  the  action  of  the  House 
in  requesting  a  committee  of  conference  on  HB  7,  permitting 
municipalities  to  establish,  acquire,  maintain  and  operate  public 
transportation  facilities  in  cooperation  with  governmental  units 
of  adjoining  states  and  permitting  broader  cooperation  in  furn- 
ishing of  municipal  services,  and  that  it  concur  with  the  Senate 
in  the  passage  of  HB  7  as  amended  by  the  Senate. 

Adopted. 

Rep.  Pryor  commented  on  HB  7. 

RECESS 
AFTER  RECESS 

SB  29 

exempting  enterprises  selling  spirits  and  wines  to  the  state 
of  New  Hampshire  from  the  business  profits  tax.   Majority: 


House  Journal,  26Mar74  275 

Inexpedient  to  legislate.  Rep.  Nutt  for  Ways  and  Means.  Mi- 
nority: Ought  to  pass  with  amendment.    (Rep.  Cunningham) 

Majority:  This  bill  is  designed  to  solve  a  special  problem 
of  out  of  state  vendors  of  liquor  to  the  N.  H.  Liquor  Com- 
mission. In  so  doing  it  is  believed  a  dangerous  precedent 
may  be  set  in  allowing  special  deductions  for  a  single 
product. 

The  liquor  vendors  are  in  a  high  profit  industry  and  ware- 
housing liquor  in  New  Hampshire  is  a  part  of  their  profit 
structure  and  assures  them  of  continuity  of  the  New  Hamp- 
shire market.  There  is  little  doubt  that  taxes  paid  New 
Hampshire  as  required  under  the  Business  Profits  Tax  are 
deductible  in  their  corporate  taxes  paid  elsewhere. 

Further,  the  bill  would  exempt  from  the  Business  Profits 
Tax  a  special  New  Hampshire  industry,  liquor  and  wine, 
from  the  Business  Profits  Tax  on  products  sold  to  the  state. 
If  applied  to  liquor  a  bad  precedent  would  be  established 
which,  if  accepted,  could  lead  to  exemption  from  the  Bus- 
iness Profits  Tax  all  local  products  sold  to  the  state. 

Solution  to  sort  of  a  special  problem  should  not  be  sought 
by  tampering  with  a  major  segment  of  the  state  tax  struc- 
ture. 

Minority:  With  only  eleven  members  of  the  Ways  and 
Means  Committee  voting  on  SB  29,  the  minority  feels  that 
the  issue  involved  in  this  very  important  bill  should  be 
brought  before  the  House  (as  amended)  for  full  discussion. 

Rep.  Cunningham  moved  that  the  report  of  the  minority, 
ought  to  pass  with  amendment,  be  substituted  for  the  majority 
report,  inexpedient  to  legislate,  and  spoke  in  favor  of  his  mo- 
tion. 

Rep.  Nutt  spoke  against  the  motion, 
(discussion) 

Rep.  Gerry  F.  Parker  spoke  against  the  motion. 

Reps.  Parr,  Joseph  L.  Cote,  Drake  and  Coutermarsh  spoke 
in  favor  of  the  motion. 


276  House  Journal,  26Mar74 

Reps.  Harvell,  Dupont  and  Boisvert  moved  the  previous 
question. 

Sufficiently  seconded. 

Adopted. 

A  division  was  requested. 

146  members  having  voted  in  the  affirmative  and  156  in 
the  negative,  the  motion  to  substitute  lost. 

Majority  report,  inexpedient  to  legislate. 

Resolution  adopted. 

SENATE  MESSAGES 

Senate  passed  SB  31  and  asked  the  Concurrence  of  the 
House. 

SB  31,  authorizing  the  city  of  Berlin  to  acquire,  develop 
and  operate  industrial  parks  within  the  city  and  to  aid  the 
construction  and  expansion  of  industrial  facilities  within  the 
city  by  issue  of  revenue  bonds.  Referred  to  Rules  Committee 
under  Joint  Rule  10. 

RECONSIDERATION 

Rep.  Nutt  moved  reconsideration  on  SB  29,  exempting 
enterprises  selling  spirits  and  wines  to  the  state  of  New  Hamp- 
shire from  the  business  profits  tax. 

Reconsideration  lost. 

GOVERNOR'S  VETO  MESSAGE 

Pursuant  to  the  provisions  of  Part  II,  Article  44  of  the 
Constitution,  I  return  herewith  House  Bill  19,  a  bill  increasing 
the  amount  of  political  expenditures  authorized  for  candidates 
in  primary  and  general  elections  seeking  the  office  of  governor, 
U.  S.  Senator,  representative  in  Congress,  Governor's  Councilor, 
county  officer,  state  senator  or  representative  of  the  General 
Court. 

My  objections  are  briefly  noted  below: 

1.  This  bill  would  enshrine  political  hypocrisy  in  our 
statutes. 


House  Journal,  26Mar74  277 

It  would  increase  the  amount  state-wide  candidates,  such 
as  governor  and  U.  S.  Senator  could  spend  in  primary  elections 
and  again  in  general  elections  from  $67,056.60  to  $  1 1 1 ,76 1 .00  by 
changing  the  formula  from  15c  per  qualified  voter  in  the  last 
election  to  25c.  This  would  be  a  66.6  per  cent  increase  in  au- 
thorized expenditures.  It  would  also  increase  the  limit  of  spend- 
ing for  other  candidates  for  public  office. 

The  American  public  has  been  outraged  by  the  excessive 
expenditures  of  candidates  seeking  political  office.  This  is  not 
the  time  nor  is  New  Hampshire  the  place  to  raise  the  limit  on 
campaign  spending.  If  anything  we  should  be  considering  re- 
ductions. 

Politicians  of  all  parties  have  called  loudly  for  campaign 
reform.  As  in  so  many  worldly  problems  money  is  the  taproot  of 
the  matter.  There  can  be  no  true  reform  without  a  recognition 
that  the  amount  of  money  spent  in  a  campaign  must  be  severely 
controlled  and  restricted. 

I  am  surprised  indeed  that  neither  political  party  and  very 
few  political  leaders  have  spoken  out  vigorously  against  this  bill. 
Why,  at  this  late  hour,  should  any  politician  have  difficulty  in 
understanding  that  the  average  citizen  is  weary  of  political 
double-talk? 

Deprecations  alone  against  the  Watergate  disclosures  Avill 
not  purify  a  politician  for  next  fall's  election. 

Regardless  of  party,  I  am  confident  that  voters  will  judge 
all  candidates  by  their  actions  and  not  by  unctuous  protestations 
of  righteousness.  That  certainly  is  the  conclusion  to  be  read 
from  recent  polls  showing  that  politicians  have  the  lowest  rating 
of  any  group. 

2.  Proponents  of  this  measure  suggest  that  66.6  per  cent 
increase  provided  for  state-wide  offices  is  necessary  to  off-set  the 
effect  of  inflation  on  campaigning.  This  is  not  so. 

The  provision  of  RSA  70:4  that  HB  19  would  amend  was 
last  amended  in  1967  when  the  15  cents  per  qualified  voter  of 
the  last  election  was  first  used  as  a  formula. 

Under  the  formula  a  candidate  for  state-wide  office  could 
spend  in  the  primary  of  1964  $25,000.  It  was  the  same  in  1966. 

Authorized  political  expenditures  for  a  state-wide  office 
for  the  past  ten  years  show  the  following: 


278  House  Journal,  26Mar74 


1964 

$25,000.00 

1966 

25,000.00 

1968 

53,343.90 

1970 

56,805.90 

1972 

58,033.50 

1974 

67,056.60 

Thus  in  ten  years  the  sum  authorized  for  campaigning  for 
a  state-wide  office  has  increased  by  168  per  cent. 

The  cost  of  some  major  items  in  campaigning  has  increased 
as  follows: 

Items  1964  1974        %  Increase 

1st  Class  Postage  .05  .10  100 

5  min.  prime  radio 

time  at  one  station  $9.00  $25.00  278 

10"  (2  X  5  )  space  on    $208.00         $340.00  163 

page  one  state-wide 
paper 
1  gallon  gasoline  36.9  52.9  43 

3.  New  Hampshire  election  laws  on  campaign  expenditures 
and  accountability  are  among  the  best  in  the  nation. 

For  example,  the  Council  of  State  Governments  indicates 
the  following  limitations  in  the  states  that  have  limitations  on 
a  state-wide  candidate  such  as  governor. 

Florida  $250,000 

Iowa  30  cents  per  voter 

New  Jersey  50  cents  per  voter 

Oregon  15  cents  per  voter 

Utah  $100,000  media  communications 

Washington  A  sum  equal  to  twice  that 

paid  for  governor's  salary 

We  should  keep  New  Hampshire  as  it  is  if  our  voters  are 
to  have  a  free  choice  in  the  selection  of  competence,  quality,  and 
representation  on  issues  when  considering  candidates. 

In  many  states  where  there  is  little  if  any  restraint  on  au- 
thorized campaign  expenditures,  the  voters'  only  alternative  is 
a  choice  between  two  or  more  persons  of  wealth. 

Thus,  we  are  building  in  America,  imperceptibly  and  quite 
beyond  the  intent  of  the  Founding  Fathers,  an  oligarchy  of  fat 
cats. 


House  Journal,  26Mar74  279 

In  many  places  only  persons  of  wealth,  or  those  few  whose 
connections  are  such  that  they  can  solicit  wealth,  can  afford  to 
seek  public  office. 

I  would  hope  that  in  New  Hampshire  we  will  continue  to 
keep  open  the  door  to  high  public  office  to  any  qualified  person 
regardless  of  actual  or  attracted  wealth. 

4.  By  raising  the  ante,  that  is  the  amount  allowed  for  a 
campaign,  we  are  told  that  somehow  it  will  make  a  candidate 
more  honest. 

Just  the  opposite  is  apt  to  be  true.  The  bigger  the  pot  the 
more  attractive  it  will  be  for  those  who  thirst  for  power  rather 
than  an  opportunity  to  serve  their  fellowman. 

5.  It  is  suggested  that  an  incumbent  has  an  advantage, 
especially  over  a  heretofore  unknown  candidate. 

This  is  probably  true.  But  having  a  larger  sum  to  spend 
helps  the  incumbent  just  as  much  as  the  newcomer. 

CONCLUSION 

House  Bill  19  would  help  create  a  class  of  professional  poli- 
ticians. We  need  instead  more  new  faces  from  the  ranks  of  citi- 
zens offering  to  participate  in  government  by  seeking  public 
office. 

I  would  hope  that  on  second  reflection  the  Legislature 
would  sustain  my  objection  to  the  bill  and  thus  preserve  that 
high  degree  of  democracy  that  now  flourishes  in  our  state. 

Sincerely, 

Meldrim  Thomson,  Jr. 

Rep.  Zachos  moved  consideration  of  the  Governor's  veto 
message  on  HB  19  be  made  a  special  order  for  tomorrow. 

Rep.  Coutermarsh  spoke  in  favor  of  the  motion. 

Adopted. 

COMMITTEE  REPORTS  CONTINUED 

SB  2 

to  provide  fairer  real  estate  taxes  for  the  elderly  through 
a  partial  exemption  from  real  estate  taxes  for  persons  sixty- 


280  House  Journal,  26Mar74 

five  years  of  age  or  older,  under  certain  circumstances,  and 
compensating  cities  and  towns  for  consequent  loss  of  tax 
base  and  making  an  appropriation  therefor,  and  making  cer- 
tain revisions  in  the  homeowners'  exemption  law.  Majority: 
Ought  to  pass  with  amendment;  Rep.  Hall  for  Ways  and 
Means.  Minority:  Ought  to  pass  with  further  amendment. 
(Reps.  Splaine,  Donnelly  and  Nardi) 

Majority:  This  bill  basically  the  original  Senate  Bill  2 
and  HB  293  as  vetoed  by  Governor  Thomson  for  lack  of 
funding.  The  committee  proposes  funding  with  |2,000,000, 

The  homeowners'  exemption  section,  as  amended  by  the 
Senate,  consists  of  basically  technical  amendments  pro- 
viding for  hearings  at  the  local  level  before  being  placed 
on  the  ballot. 

The  committee  amendment  provides  for  procedures  to 
allow  rescinding  formerly  not  contained  in  the  original 
Homeowners'  Act. 

The  committee  has  voted  to  recommend  that  the  House 
divide  the  question. 

Minority:  The  Minority  agrees  with  the  Majority  in  ac- 
cepting Senate  Bill  2  and  the  suggested  amendments,  but 
wish  to  offer  an  additional  amendment. 

The  Homeowners'  Exemption  Property  Tax  Relief  Law 
passed  in  1973  that  has  been  adopted  in  several  communi- 
ties throughout  the  State  with  a  population  totalling  about 
100,000,  has  several  areas  of  concern  that  need  attention. 

The  Minority  amendment,  which  lost  in  a  tie  vote  in  the 
Ways  and  Means  Committee,  will  provide  continuation 
of  the  local  option  home  rule  approach  built  into  the 
original  law  while  guaranteeing  more  adequate  relief  for 
the  aged  and  those  living  in  smaller  homes. 

A.  Removing  the  $8,000  base  below  which  exemptions  may 
be  granted,  and  providing  a  proper  referendum  for  the 
change.  This  eliminates  discrimination,  and  provides  re- 
lief for  lower  valuations; 

B.  Connecticuting  the  part  of  Senate  Bill  2  that  gives  ad- 
ditional tax  relief  to  persons  over  80  years  of  age  if  they 
would  otherwise  qualify  by  income  and  asset  limitations 
set  forth  by  the  bill; 


House  Journal,  26Mar74  281 

C.  Exempting  those  over  age  65  from  the  present  $8,000 
level,  and  equalizing  the  $8,000  figure  so  it  remains  equi- 
table from  community  to  community. 

This  amendment  absolutely  does  not  affect  any  community 
not  adopting  the  Homeowners'  Exemption  law.  It  is  com- 
pletely a  local  option  referendum,  home  rule  decision  by 
the  people. 

Rep.  Sayer  moves  that  the  question  be  divided  and  that 
the  division  be  as  follows: 

Div.  I  (exemption  for  the  elderly),  Sections  1-6  and  Sections 
22,  23  and  24 

Div.  II  (homeowners'  exemption),  Sections  7-21 
and  that  each  division  and  amendments  thereto  be  decided 
separately. 

Adopted. 

Rep.  Hall  explained  SB  2. 

(discussion) 

Rep.  Hall  yielded  to  Rep.  Nutt  to  answer  questions. 
Question  being  on  the  adoption  of  majority  amendment. 

AMENDMENT 

Amend  the  bill  by  striking  out  section  23  and  inserting  in 
place  thereof  the  following: 

23  Appropriation.  There  is  hereby  appropriated  the  sum 
of  two  million  dollars  for  the  fiscal  year  ending  June  30,  1975, 
to  be  disbursed  to  the  cities  and  towns  pursuant  to  RSA  72:42-a. 
Said  appropriation  shall  not  be  transferred  or  expended  for  any 
other  purpose.  The  governor  is  authorized  to  draw  his  warrant 
for  said  sum  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

Reps.  Martineau,  Gerry  F.  Parker,  Hanson  and  George  E. 
Gordon  spoke  against  the  majority  amendment. 

Rep.  Gorman  spoke  in  favor  of  the  majority  amendment. 

At  the  request  of  Rep.  T.  Anne  Webster,  Rep.  Nutt  an- 
swered questions. 


282  House  Journal,  26Mar74 

Reps.  Sayer  and  Sara  M.  Townsend  non-spoke  in  favor  of 
the  majority  amendment. 

Reps.   Read  and  Altman  spoke  in  favor  of  the  majority 
amendment. 

Rep.  Gerry  F.  Parker  requested  a  division. 

173  members  having  voted  in  the  affirmative  and  78  in  the 
negative,  the  majority  amendment,  Div.  1,  was  adopted. 

Rep.  Boisvert  offered  an  amendment. 

Reps.  Parker  and  Spirou  spoke  against  the  Boisvert  amend- 
ment. 

A  division  was  requested. 

It  being  manifestly  in  the  negative,  the  Boisvert  amend 
ment  lost. 

Question  being  on  the  adoption  of  the  committee  amend- 
ment, Div.  2. 

Committee  amendment  adopted. 

Rep.  Splaine  offered  an  amendment. 

AMENDMENT 

Further  amend  the  bill  as  follows. 

Amend  the  bill  by  striking  out  RSA  72:44,  I  as  inserted 
by  section  7  of  the  bill  and  inserting  in  place  thereof  the  fol- 
lowing: 

I.  A  town  desiring  to  adopt  the  provisions  of  this  subdi- 
vision may  have  the  question  placed  on  the  warrant  for  an  an- 
nual or  special  town  meeting  by  action  of  the  selectmen  or  by 
petition  in  RSA  39:3.  Such  question  shall  be  presented  for 
voter  approval  on  a  separate  ballot  and  shall  be  worded  as  fol- 
lows: 

"Shall  the  town  adopt  the  homeowners'  exemption  pro- 
visions of  RSA  72  granting  a  |5000  exemption  based  on  equal- 
ized assessed  vahiation  in  all  owner-occupied  units,  or  a  $10,000 
exemption  based  on  equalized  assessed  valuation  on  all  owner- 
occupied  units  by  persons  over  sixty-five  years  of  age?" 

Upon  the  ballot  containing  the  question  shall  be  printed 


House  Journal,  26Mar74  283 

the  word  "Yes"  with  a  square  near  it  at  the  right  hand  of  the 
question;  and  immediately  below  the  word  "Yes"  shall  be 
printed  the  word  "No"  with  a  square  near  it  at  the  right  hand 
of  the  question;  and  the  voter  desiring  to  vote  upon  the  ques- 
tion shall  make  a  cross  in  the  square  of  his  choice.  If  no  cross 
is  made  in  a  square  beside  the  question,  the  ballot  shall  not  be 
counted  on  the  question. 

Amend  the  bill  by  striking  out  RSA  72:45  as  inserted  by 
section  9  of  the  bill  and  inserting  in  place  thereof  the  follow- 
ing: 

72:45  Owner-Residents  Exempted. 

I.  Every  person  who  has  the  legal  or  beneficial  title  in 
equity  to  real  property  including  a  mobile  home  in  this  state 
and  who  resides  thereon  and  in  good  faith  makes  the  same  his 
permanent  home,  or  the  permanent  home  of  another  or  others 
legally  or  naturally  dependent  upon  said  person,  shall  be  en- 
titled to  an  exemption  of  five  thousand  dollars  of  assessed  val- 
uation as  determined  by  the  department  of  revenue  administra- 
tion from  all  taxation  except  for  special  assessment  on  said 
home  up  to  an  assessed  valuation  determined  by  the  depart- 
ment of  revenue  administration.  In  no  case,  however,  shall  the 
remaining  assessed  valuation  be  less  than  eight  thousand  dol- 
lars on  any  homestead,  in  any  city  or  town  which  adopted  the 
provisions  of  RSA  72:44-60  prior  to  April  1,  1974  and  which 
has  not  removed  such  prohibition  under  RSA  72:44-b.  Said 
title  may  be  held  solely,  jointly  or  in  common  with  others  and 
said  exemption  may  be  apportioned  among  such  of  the  owners 
as  shall  reside  thereon  as  their  respective  interests  shall  appear. 
The  exemption  provided  herein  shall  be  allowed  on  each 
condominium  parcel  occupied  by  its  owner  and  on  any  other 
entity  recognized  at  law  as  realty  and  occupied  by  its  owner. 

II.  If  property  in  a  town  or  city  is  not  assessed  at  its  full 
and  true  market  value,  the  amount  of  valuation  exempted  and 
the  remaining  assessed  valuation  when  applicable  shall  be  re- 
duced to  the  proportionl  level  that  such  valuations  bear  to  one 
hundred  percent  as  determined  by  the  department  of  revenue 
administration. 

III.  The  remaining  assessed  valuation  limitation  of  eight 
thousand  dollars,  as  provided  in  paragraph  I,  or  its  equivalent 
as  equalized  by  the  department  of  revenue  administration,  shall 


284  House  Journal,  26Mar74 

apply  as  provided  in  paragraph  I  only  to  property  owned  by 
persons  under  the  age  of  sixty-five. 

Amend  the  bill  by  striking  out  section  21  and  inserting  in 
place  thereof  the  following: 

21  Applicability.  Amend  RSA  72  by  inserting  after  section 
44  the  following  new  sections: 

72:44-a  Applicability  of  1974  Amendments.  Any  city  or 
town  which  shall  have  adopted  the  provisions  of  RSA  72:44-60 
prior  to  April  1,  1974  shall  be  deemed  to  have  adopted  such 
provisions  as  amended  by  sections  7  through  20  of  the  act  in- 
serting this  section,  provided  that: 

I.  The  validity  of  the  adoption  of  the  homeowners'  exemp- 
tion in  such  city  or  town  shall  not  be  affected  by  any  added  re- 
quirements imposed  pursuant  to  the  provisions  of  sections  7 
though  20  of  said  act;  and 

II.  The  provisions  of  RSA  72:44  and  72:45,  prior  to  such 
amendment,  relative  to  prohibiting  exemptions  in  any  case  in 
which  the  equalized  assessed  valuation  falls  below  eight  thou- 
sand dollars  shall  remain  in  effect  in  such  city  or  town  unless 
removed  pursuant  to  RSA  72:44-b. 

72:44-b  Referendum  to  Remove  Prohibition, 

I.  Any  city  or  town  which  adopted  the  provisions  of  RSA 
72:44-60  prior  to  April  1,  1974  may,  by  referendum  as  pro- 
vided in  this  section,  remove  the  prohibition  against  granting 
an  exemption  when  the  equalized  assessed  valuation  falls  be- 
low eight  thousand  dollars.  The  question  for  removing  such 
prohibitions  shall  be  put  to  the  voters  at  an  annual  or  special 
town  meeting  or  at  a  regular  municipal  election  for  the  elec- 
tion of  city  officers  if  the  same  procedures  as  are  required  for 
placing  the  question  of  adoption  of  this  subdivision  under 
RSA  72:44,  I  or  II,  respectively,  are  fully  complied  with, 

II.  The  question  shall  be  presented  for  voter  approval  on 
a  separate  ballot  with  proper  provisions  for  the  voter  to  clearly 
indicate  his  choice  and  shall  be  worded  as  follows: 

"Shall  the  town  (or  city)  remove  the  prohibition  against 
granting  a  homeowners'  exemption  under  RSA  72  when  the 
vakiation  of  an  owner-occupied  unit  falls  below  $8,000?" 


House  Journal,  26Mar74  285 

III.  Upon  approval  of  the  question  by  a  majority  of  those 
voting  on  the  question,  such  prohibition  shall  be  removed  com- 
mencing with  the  April  first  next  following  the  referendum. 

Amend  the  bill  by  striking  out  all  after  section  24  and 
inserting  in  place  thereof  the  following: 

25  1974  Referendum  Allowed.  Notwithstanding  any  other 
provision  of  law,  in  any  city  to  which  RSA  72:44-b  may  apply, 
the  referendum  permitted  by  RSA  72:44-b  may  be  presented 
for  voter  approval  at  the  regular  biennial  election  held  in  No- 
vember 1974,  provided  that  all  other  requirements  of  RSA 
72:44-b  are  fulfilled.  The  clerk  of  any  such  city  shall  prepare 
a  separate  ballot  in  the  form  provided  by  RSA  72:44-b. 

26  Exemption  for  Elderly  Extended.  Amend  RSA  72:60, 
as  inserted  by  1973,  482:2,  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following: 

72:60  Tax  Exemption  for  Elderly. 

I.  The  provisions  of  RSA  72:39-43  relative  to  certain  tax 
exemptions  for  the  elderly  shall  not  apply  in  any  town  or  city 
which  adopts  the  provisions  of  this  subdivision  except  as  pro- 
vided in  this  section. 

II.  In  any  town  or  city  which  has  adopted  the  provisions 
of  this  subdivision,  any  person  who  is  eligible  for  an  exemption 
under  this  subdivision  and  also  meets  the  requirements  for 
exemption  under  RSA  72:39-43  shall  be  entitled  to  exemption 
under  the  provisions  which  provide  the  greater  exemption  for 
such  person.  The  determination  of  eligibility  for  exemption 
shall  be  made  by  the  selectmen  or  assessors. 

III.  In  the  event  that  application  of  paragraph  II  results 
in  the  exemption  of  any  person  under  RSA  72:39-43,  the  town 
or  city  granting  the  exemption  shall  be  entitled  to  compensation 
for  loss  of  taxable  valuation  in  the  same  manner  and  at  the 
same  time  as  is  provided  under  RSA  72:42-a  except  that  the 
amount  of  the  payment  to  the  city  or  town  shall  be  determined 
as  herein  provided.  The  "full  value  rate  percent  of  taxation 
referred  to  in  RSA  72=42-a"  shall  be  determined  as  though  this 
section  had  not  been  in  effect.  The  amount  of  the  payment  to 
the  city  or  town  shall  be  determined  by  multiplying  this  full 
value  rate  percent  of  taxation  times  the  additional  valuation 
exempted  from  taxation  under  this  section. 


286  House  Journal,  26Mar74 

27  Effective  Date.  This  act  shall  take  effect  A  pril  1,  1974. 

Rep.  Splaine  spoke  in  favor  of  his  amendment. 

(discussion) 

Reps.  Coutermarsh,  Duprey,  Chambers,  Spirou,  Read  and 
George  I.  Wiggins  spoke  in  favor  of  the  Splaine  amendment. 

Reps.  Daniell,  Anthony  Stevens,  Rousseau,  Lessard,  Rod- 
erick O'Connor,  Hodgdon,  Maynard,  Harvey,  Plourde  and 
Nardi  non-spoke  in  favor  of  the  Splaine  amendment. 

Rep.  Ellis  moved  the  previous  question. 

Sufficiently  seconded. 

Adopted. 

Splaine  amendment  adopted. 

Rep.  George  I.  Wiggins  offered  an  amendment. 

Amend  the  title  of  the  bill  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following: 

An  Act 

to  provide  fairer  real  estate  taxes  for  the  elderly  through  a 

partial  exemption  from  real  estate  taxes  for  persons  sixty-five 

of  age  or  older,  under  certain  circumstances,  and  compensating 

cities  and  towns  for  consequent  loss  of  tax  base  and  making  an 

appropriation  therefor  and  repealing  homeowner's 

exemptions  provisions. 

Amend  the  bill  by  striking  out  all  after  section  6  and  in- 
serting in  place  thereof  the  following: 

7  Exemption  Compensation  for  Municipalities.  Amend 
RSA  72  by  inserting  after  section  42  the  following  new  section: 

72:42-a  Compensation  for  Exemption.  To  compensate  cities 
and  towns  for  the  loss  of  taxable  valuation  under  RSA  72:39,  a 
payment  as  determined  in  this  section  shall  be  made  to  such 
cities  and  towns  by  the  state  treasurer  as  soon  as  possible  after 
the  total  payments  due  to  all  cities  and  towns  under  this  section 
in  that  year  have  been  determined.  If  the  appropriation  made 
to  provide  funds  for  these  payments  is  insufficient  in  any  year 
to  provide  full  payments  hereunder,  the  sums  distributed  to  the 
cities  and  towns  shall  be  reduced  on  a  pro  rata  basis.  The  report. 


House  Journal,  26Mar74  287 

filed  under  RSA  41:15  shall  indicate  the  amount  of  valuation 
exempted  in  the  city  or  town  under  RSA  72:39.  At  the  time 
that  he  determines  the  rate  percent  of  taxation  for  the  city  or 
town,  the  commissioner  of  revenue  administration  shall  deter- 
mine a  "full  value  rate  percent  of  taxation"  which  would  have 
been  necessary  in  that  city  or  town  had  RSA  72:30  not  been 
in  effect.  The  amount  of  the  payment  to  the  city  or  town  under 
this  section  shall  be  determined  by  multiplying  this  full  value 
rate  percent  of  taxation  times  the  amount  of  valuation  ex- 
empted under  RSA  72:39  in  that  city  or  town  in  the  year  for 
which  the  payment  is  made.  Any  payment  made  under  this  sec- 
tion shall  be  considered  as  revenue  received  by  the  city  or  town 
in  determining  the  budget  needs  for  the  ensuing  fiscal  year. 

8  Appropriation.  There  is  hereby  appropriated  the  sum  of 
two  million  dollars  for  the  fiscal  year  ending  June  30,  1975,  to 
be  disbursed  to  the  cities  and  towns  pursuant  to  RSA  72:42-a. 
Said  appropriation  shall  not  be  transferred  or  expended  for 
any  other  purpose.  The  governor  is  authorized  to  draw  his 
warrant  for  said  sum  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

9  Repeal.  RSA  72:44-60  (supp),  as  inserted  by  1973,  482:2. 
relative  to  homeowners'  exemption  are  hereby  repealed. 

10  Effective  Date.  This  act  shall  take  effect  April  1,  1974. 
The  clerk  read  the  amendment  in  full. 

Rep.  Wiggins  explained  his  amendment. 

Reps.  Splaine,  Elizabeth  E.  Goff,  Gerry  F.  Parker,  Spirou, 
Daniell  and  Bednar  spoke  against  the  Wiggins'  amendment. 

(discussion) 

Reps.  Patrick  and  DeCesare  non-spoke  against  the  Wig- 
gins' amendment. 

Reps.  Read,  Belair,  Sununu,  Albert  C.  Jones  and  Hall 
spoke  in  favor  of  the  Wiggins'  amendment. 

Reps.  Cunningham,  Anne  B.  Gordon,  Leonard  A.  Smith, 
McLane,  Curran,  Roma  A.  Spaulding,  Seamans,  Scamman, 
Dorothy  W.  Davis,  Donalda  K.  Howard,  Helen  F.  Wilson,  Roy 
M.  Davis,  Mattice,  Elmer  S.  Wiggin,  Philip  C.  Heald,  Tilton, 
Polak,  Ladd,  Barrus,  Harvell,  Gorman,  William  P.  Boucher, 


288  House  Journal,  26Mar74 

Vesta  M.  Roy,  Conley,  Harold  E.  Thomson,  Enright,  Beckett, 
Sara  M.  Townsend,  Hanson,  Elmer  L.  Johnson  and  Ellis  non- 
spoke  in  favor  of  the  Wiggins'  amendment. 

Reps.  Boisvert,  Tucker  and  Ellis  moved  the  previous  ques- 
tion. 

Sufficiently  seconded. 

Adopted. 

A  division  was  requested. 

207  members  having  voted  in  the  affirmative  and  75  in 
the  negative,  the  Wiggins'  amendment  was  adopted. 

SB  2  referred  to  Appropriations. 

SENATE  MESSAGES 

CONCURRENCES 

HB  27,  relative  to  amending  certain  provisions  of  the  Off 
Highway  Recreation  Vehicle  Law,  RSA  269-C. 

HB  32,  relative  to  the  commission  and  taxes  on  pari-mu- 
tuel  pools  at  dog  tracks. 

CONCURRENCE  HB  WITH  SENATE  AMENDMENT 

HB  18,  requiring  local  approval  prior  to  approval  of  site 
plans  for  oil  refineries. 

(Amendment  printed  HC  Mar.  26) 

Rep.  Hanson  moved  that  the  House  nonconcur  in  the 
Senate  amendment  and  that  a  committee  of  conference  be  es- 
tablished. 

Adopted. 

The  Speaker  appointed  Reps.  Hanson,  Sununu,  Ethier, 
Benton  and  Madeline  C.  Townsend. 


Rep.  Vesta  M.  Roy  is  celebrating  a  birthday  today. 


RESOLUTION 
Rep.  George  B.  Roberts,  Jr.  moved  that  all  bills  ordered 


House  Journal,  26Mar74  289 

to  third  reading,  be  read  a  third  time  by  this  resolution  and 
that  all  titles  of  bills  be  the  same  as  adopted,  and  that  they  be 
passed  at  the  present  time,  unless  otherwise  ordered  by  the 
House. 

Adopted. 

Third  reading  and  final  passage. 

SB  4,  relative  to  penalties  and  forfeitures  for  noncompli- 
ance with  sewage  and  waste  disposal  rules  and  regulations  of 
the  water  supply  and  pollution  control  commission. 

SB  8,  relative  to  the  distribution  of  testate  property  follow- 
ing waiver  of  a  will  by  surviving  spouse  and  relative  to  the 
form  of  notice  given  for  termination  of  parental  rights. 

SB  12,  to  further  protect  the  rights  of  mobile  home  owners 
by  requiring  that  mobile  home  park  owners  and  operators  state 
the  rules  and  regulations  of  the  park  in  writing  and  provide  all 
tenants  with  copies  of  the  rules  and  to  encourage  the  construc- 
tion of  mobile  home  parks  by  not  prohibiting  the  so-called 
"first  sale"  restriction  in  a  new  park. 

SB  22,  establishing  a  study  committee  to  develop  a  plan  to 
provide  public  assistance  to  private  institutions  of  higher  learn- 
ing in  this  state  and  relating  to  the  Lafayette  Regional  School 
district  and  Bethlehem  school  district. 

SB  24,  authorizing  cities  and  towns  to  grant  franchises  for 
cable  television  systems. 

SENATE  MESSAGES 

CONCURRENCE  HB  WITH  SENATE  AMENDMENT 

HB  35,  providing  for  twenty  years  retirement  for  members 
of  group  II  under  the  New  Hampshire  Retirement  System,  per- 
mitting the  transfer  of  members  of  the  New  Hampshire  Fire- 
men's Retirement  System  and  of  the  New  Hampshire  Police- 
men's Retirement  System  into  the  New  Hampshire  Retire- 
ment System  and  making  an  appropriation  therefor. 

Reps.  Rebecca  A.  Gagnon,  Arthur  Gagnon,  Harold  E. 
Thomson,  Buskey,  Roy  M.  Davis,  McLaughlin,  Olden,  Barrus, 
Hodgdon,  Maynard,  Connors,  Palfrey,  Stimmell,  Sweeney, 
Grady,  Page,  Chasse,  Pray,  Maguire,  Cecelia  L.  Winn,  Mary 
J.  Sullivan,  Ruel,  Kincaid,  Parnagian,  Davison,  Lamy,  Deoss, 


290  House  Journal,  26Mar74 

Benjamin  A.  Brown,  Peabody,  Roderick  K.  O'Connor,  Chand- 
ler, Zoncas,  Clancy,  Matheson,  Boisse,  Barker,  Dupont,  Lefe- 
bvre,  Belcourt,  Colby,  Cummings,  Splaine,  Donnelly,  Fan, 
Lewko,  Scott,  McDonough,  Twigg,  T.  Anne  Webster,  Record, 
Sayer,  Belair,  Tibbetts,  Timothy  K.  O'Connor,  Twardus  and 
Cullity,  nonspoke  in  favor  of  concurring  with  the  Senate  amend- 
ment to  HB  35. 

(Amendment  printed  HC  March  26) 

Rep.  Drake  moved  that  the  House  nonconcur  in  the  Senate 
amendment  and  that  a  committee  of  conference  be  established. 

Rep.  Drake  spoke  in  favor  of  his  motion. 

Reps.  George  B.  Roberts,  Jr.  and  Coutermarsh  spoke  in 
favor  of  the  motion. 

Adopted. 

The  Speaker  appointed  Reps.  Drake,  George  B.  Roberts, 
Jr.,  Coutermarsh,  Weeks  and  Roderick  H.  O'Connor. 

CONCURRENCE  HB  WITH  SENATE  AMENDMENT 

HB  2,  making  appropriations  for  capital  improvements. 

(Amendment  printed  SJ  March  26) 

Rep.  Arthur  F.  Mann  moved  that  the  House  nonconcur  in 
the  Senate  amendment  and  that  a  committee  of  conference  be 
established. 

Rep.  Raymond  spoke  in  favor  of  the  motion. 

Rep.  Tarr  non-spoke  in  favor  of  concurring. 

(discussion) 

A  division  was  requested. 

156  members  having  voted  in  the  affirmative  and  108  in 
the  negative,  the  motion  to  nonconcur  prevailed. 

The  Speaker  appointed  Reps.  Arthur  F.  Mann,  Raymond, 
John  B.  Goff,  Daniels  and  Belair. 

NOTICE  OF  RECONSIDERATION 
Rep.  Gorman  served  notice  that  today  or  some  subsequent 


I 


House  Journal,  26Mar74  291 

day  he  will  ask  reconsideration  of  the  House  action  in  killing 
SJR  2,  establishing  an  interim  committee  to  study  oil  com- 
panies and  other  energy  suppliers. 

BILLS  PRESENTED  TO  THE  GOVERNOR 
March  26 

HB  12,  conforming  tax  commission  references  in  the  cur- 
rent use  taxation  law  to  the  revised  revenue  administration 
laws. 

HB  15,  relative  to  redistricting  the  ward  lines  of  the  city 
of  Laconia. 

HB  16,  permitting  public  accountants  and  registered  pro- 
fessional nurses  to  form  professional  associations. 

HB  25,  changing  the  reporting  date  for  the  study  com- 
mission on  the  problems  of  unemployed  citizens  in  New  Hamp- 
shire. 

SB  19,  specifying  procedures  for  termination  of  residential 
gas  or  electric  services. 

BILLS  SIGNED  BY  THE  GOVERNOR 
February  20 

SB  14,  relative  to  election  of  delegates  to  the  constitutional 
convention  from  Berlin. 
March  12 

HB  9,  increasing  the  debt  limit  for  the  Londonderry  school 
district. 

HB  28,  authorizing  Franklin  Pierce  College  to  grant  the 
degree  of  juris  doctor. 
March  25 

HB  20,  increasing  the  interest  rate  of  housing  authority 
bonds. 

HB  23,  continuing  present  city  of  Somersworth's  elected 
officials  in  office  until  the  next  regular  election,  and  legalizing 
the  election  of  delegates  to  the  constitutional  convention  from 
the  old  wards  of  said  city. 

SJR  1,  compensating  Rene  Boucher  for  mileage  while 
serving  on  the  Committee  of  Voter  Registration  and  Checklists. 


292  House  Journal,  27Mar74 

BILLS  VETOED  BY  THE  GOVERNOR 
March  25 

HB  19,  increasing  the  amount  of  political  expenditures 
authorized  for  candidates  in  primary  and  general  elections 
seeking  the  office  of  governor,  U.  S.  senator,  representative  in 
congress,  governor's  councilor,  county  officer,  state  senator  or 
representative  to  the  general  court. 

On  motion  of  Rep.  George  B.  Roberts,  Jr.  the  House  ad- 
journed at  7: 10  to  meet  tomorrow  at  10:00  a.m. 


Wednesday^  27Mar74 

The  House  met  at  10:00  o'clock. 

Prayer  was   offered  by   House   Chaplain   Rev.  Joseph  Y. 
Beaulieu. 

Almighty  God,  Our  heavenly  Father,  guide  us,  we  beseech 
You,  into  the  way  of  justice  and  truth. 

Establish  among  us  that  peace  which  is  the  fruit  of  righ- 
teousness. 

We  ask  this  through  Christ  our  Lord.  Amen. 

PLEDGE  OF  ALLEGIANCE 

Rep.  Orcutt  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 
Rep.  Edward  A.  Johnson,  the  day,  illness. 
Rep.  Aubut,  indefinite,  illness. 
Rep.  Randall,  today  and  tomorrow,  illness. 
Reps.  Hough  and  Taber,  the  day,  important  business. 

SENATE  MESSAGES 

CONCURRENCE 

HB  3,  An  act  relative  to  establishment  of  a  food  stamp 
program  and  making  an  appropriation  therefor. 


House  Journal,  27Mar74  293 

ENROLLED  BILLS  REPORT 

HB  3,  relative  to  establishment  of  a  food  stamp  program 
and  making  an  appropriation  therefor. 

Mabel  L.  Richardson 

For  The  Committee 

CONCURRENCE    HB's   WITH   SENATE   AMENDMENT 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill. 

(Amendment  printed  SJ  March  26) 

Rep.  Frizzell  moved  that  the  House  concur  with  the  Sen- 
ate amendment. 

Adopted. 

HB  33,  relative  to  the  Winnipesaukee  River  Basin  Con- 
trol; and  providing  for  continuation  of  the  study  committee  on 
the  water  supply  and  pollution  control  commission. 

(Amendment  printed  SJ  March  26) 

Rep.  Claflin  moved  that  the  House  nonconcur  and  that  a 
committee  of  conference  be  established. 

Adopted. 

The  Speaker  appointed  Reps.  Claflin,  Ladd,  Tilton,  Ole- 
son  and  Harriman. 

REPORT  OF  RULES  COMMITTEE 

HCR  7,  ought  to  pass.  Rep.  George  B.  Roberts,  Jr.  for 
Rules. 

Whereas,  there  is  a  definite  need  to  obtain,  evaluate  and 
make  decisions  on  the  needs  of  the  elderly  within  each  state 
region  of  New  Hampshire,  and 

Whereas,  there  is  a  further  need  to  recommend,  solicit,  ob- 
tain, grant  and  administer  funding  and  programming  efforts 
to  prevent,  alleviate  and  solve,  so  far  as  possible,  any  and  all 
of  the  problems  of  the  elderly  from  governmental  or  nongov- 
ernmental sources; 


294  House  Journal,  27Mar74 

Now  Therefore  Be  It  Resolved  by  the  House  of  Represen- 
tatives, the  Senate  concurring: 

That  a  joint  committee  is  hereby  established  to  study  the 
need  for  the  creation  of  independent  agencies  with  proportion- 
al representation  of  local  governmental  districts  for  the  ad- 
ministration and  distribution  of  federal  funds  from  the  Ad- 
ministration on  Aging.  Said  committee  shall  be  composed  of 
three  House  members  appointed  by  the  Speaker  of  the  House 
and  two  Senate  members  to  be  appointed  by  the  President  of 
the  Senate.  Said  committee  is  to  report  back  to  each  of  their 
respective  bodies  no  later  than  January  1,  1975. 

The  clerk  read  the  resolution  in  full. 

Adopted. 

Rep.  Benton  moved  the  procedure  for  today  be  as  follows: 

In  the  interests  of  assuring  the  fairness  of  debate  in  the 
House  and  of  utilizing  the  members'  time  to  the  maximum 
benefit,  I  move  that  the  House  procedure  for  today  be  as  fol- 
lows: 

The  principal  proponent  and  principal  opponent  of  each 
bill  shall  be  granted  unlimited  time  to  speak.  Thereafter,  each 
member  speaking  in  favor  of  or  opposed  to  the  bill  shall  be 
limited  to  two  (2)  minutes. 

Only  the  principal  proponent  and  opponent,  or  a  member 
of  the  committee  involved,  shall  respond  to  questions. 

Rep.  Benton  spoke  in  favor  of  his  motion. 

Reps.  George  E.  Gordon,  Spirou  and  Gerry  F.  Parker  spoke 
against  the  motion. 

(discussion) 

Rep.  Benton  subsequently  withdrew  his  motion. 

(Deputy  Speaker  in  the  Chair) 

COMMITTEE  REPORTS 

SB  31 

authorizing  the  cities  of  Berlin  and  Keene  to  acquire,  de- 
velop and  operate  industrial  parks  within  each  such  city  and  to 
aid  the  construction  and  expansion  of  industrial  facilities  within 


House  Journal,  27Mar74  295 

each  such  city  by  the  issue  of  revenue  bonds.  Recommended 
that  the  bill  be  introduced.  George  B.  Roberts,  Jr.  for  Rules. 

Adopted.  Referred  to  Municipal  and  County  Government. 

SB  20 

providing  for  regulation  of  franchise  agreements  for  the 
sale  of  gasoline.  Ought  to  pass  with  amendment.  Rep.  Palfrey 
for  Executive  Departments  and  Administration. 

This  bill  has  been  slightly  amended  from  the  Senate  ver- 
sion to  give  independent  gasoline  dealers  some  additional 
protection  and  to  require  the  posting  of  fuel  prices  on  all 
pumps. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

An  Act 

providing  for  regulation  of  franchise  agreements  for 

the  sale  of  gasoline  and  requiring  the  posting  of 

motor  fuel  prices. 

Amend  RSA  339-C:4,  II  as  inserted  by  section  1  of  the  bill 
by  striking  out  same  and  inserting  in  place  thereof  the  follow- 
ing: 

II.  A  supplier  shall  not  impose  any  conditions  on  a  dealer 
which  are  not  stated  in  the  agreement  between  the  parties,  un- 
less mutually  amended  or  modified. 

Amend  RSA  339-C:7,  II  as  inserted  by  section  1  of  the  bill 
by  striking  out  same  and  inserting  in  place  thereof  the  follow- 
ing: 

11.  The  remedy  provided  for  in  this  section  is  in  addition 
to  all  other  remedies  available  under  contract  or  as  provided  by 
law  or  equity,  including  injunctive  relief.  If  the  court  finds  that 
the  violation  of  this  chapter  has  been  wilful  the  court  may  allow 
reasonable  attorney  fees. 

Amend  RSA  339-C:8,  I  as  inserted  by  section  1  of  the  bill 
by  striking  out  same  and  inserting  in  place  thereof  the  follow- 
ing: 


296  House  Journal,  27Mar74 

I.  Provisions  requiring  a  dealer  to  take  in  any  advertising 
or  promotional  campaigns  which  will  require  the  dealer  to  ac- 
cept any  posters,  stamps,  tickets,  gifts,  bonuses,  premiums,  or 
any  other  promotional  items;  or 

Amend  RSA  339-C:8,  III  as  inserted  by  section  1  of  the 
bill  by  striking  out  same  and  inserting  in  place  thereof  the  fol- 
lowing: 

III.  Provisions  requiring  a  dealer  to  purchase  any  products 
of  the  supplier  other  than  gasoline  or  diesel  fuel.  The  dealer 
may,  however,  agree  to  accept  such  products  on  consignment, 
but  not  exclusive  as  to  like  products;  or 

Amend  the  bill  by  striking  out  section  2  of  same  and  in- 
serting in  place  thereof  the  following: 

2  Posting  of  Motor  Fuel  Prices.  Amend  RSA  339  by  insert- 
ing after  section  30  the  following  new  section: 

339:30-a  Gasoline  and  Diesel  Fuel  Prices. 

I.  All  persons  who  shall  offer  for  sale  or  sell  any  gasoline  or 
diesel  fuel  at  retail  shall  post  the  price  of  all  grades  of  such  gas- 
oline or  diesel  fuel  on  the  pump  from  which  such  fuels  are  dis- 
pensed. Such  posted  prices  shall  be  in  numerals  not  less  than 
four  inches  high  and  three-quarters  of  an  inch  in  width.  Numer- 
als indicating  fractions  or  portions  of  whole  numbers  on  any 
posted  price  shall  be  at  least  one-half  the  size  of  the  whole  num- 
ber on  such  display,  and  all  posted  prices  shall  reflect  the  total 
price  of  such  fuel,  including  all  taxes  thereon.  All  posted  prices 
shall  be  clearly  visible  from  both  sides  of  the  pump  from  either 
direction  of  a  motorist's  approach  to  the  pump  in  a  normal  ap- 
proaching manner  for  fuel. 

II.  Any  person  who  shall  violate  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  violation. 

3  Effective  Date.  This  act  shall  take  effect  sixty  days  after 
its  passage. 

Amendment  adopted. 

Ordered  to  third  reading. 

SB  27 

to  better  protect  the  safety  of  New  Hampshire  citizens  and 
law  enforcement  officers  by  changing  penalties  for  homicide  in 


House  Journal,  27Mar74  297 

certain  circumstances.  Majority:  Ought  to  pass;  Rep.  H.  Gwen- 
dolyn Jones  for  Judiciary.  Minority:  Ought  to  pass  with  amend- 
ment. (Reps.  Lewko,  South  wick  and  Alukonis) 

Majority:  Provides  for  life  imprisonment  for  convicted 
murders  with  no  parole.  Only  pardon  is  by  governor  and 
council. 

Minority:  The  minority  feels  that  capital  punishment,  is 
justified  for  specific  crimes  as  established  by  a  recent  Su- 
preme Court  ruling  (Furnam  vs.  Georgia)  .  This  bill  cre- 
ates what  we  believe  is  a  constitutionally  acceptable  form 
of  capital  punishment  in  New  Hampshire.  It  sets  forth 
eight  (8)  categories  of  victims. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

AN  ACT 

to  better  protect  the  safety  of  New  Hampshire  citizens  and  law 

enforcement  officers  by  authorizing  capital  punishment  in 

certain  circumstances,  consistent  with  the  New  Hampshire 

constitution  and  decisions  of  the  supreme  court. 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Capital  Murder.  Amend  RSA  630: 1  (supp)  as  inserted 
by  1971,  518:1  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

630: 1  Capital  Murder. 

I.  A  person  is  guilty  of  capital  murder  if  he: 

(a)  Purposely  causes  the  death  of  another;  or 

(b)  Knowingly  causes  the  death  of 

(1)  A  law  enforcement  officer  acting  in  the  line  of  duty; 

(2)  Another  before,  after,  ^vhile  engaged  in  the  commis- 
sion of,  or  while  attempting  to  commit  rape  as  defined  in  RSA 
632:1  or  deviate  sexual  relations  as  defined  in  RSA  632:2,  I; 

(3)  Another  before,  after,  while  engaged  in  the  commis- 


298  House  Journal,  27Mar74 

sion  of,  or  while  attempting  to  commit  kidnapping  as  that  of- 
fense is  defined  in  RSA  633: 1 ; 

(4)  Another  before,  after,  while  engaged  in  the  commis- 
sion of,  or  while  attempting  to  commit  robbery  or  burglary 
while  armed  with  a  deadly  weapon,  the  death  being  caused  by 
the  use  of  such  weapon; 

(5)  Another  in  perpetrating  or  attempting  to  perpetrate 
arson  as  defined  in  RSA  634: 1, 1,  II,  or  III; 

(6)  Another  for  his  personal  pecuniary  gain  after  having 
been  criminally  solicited  to  cause  said  death  by  any  person: 

(7)  The  president  or  president-elect  or  vice-president  or 
vice-president-elect  of  the  United  States,  the  governor  or  gover- 
nor-elect of  New  Hampshire  or  any  state  or  any  member  or 
member-elect  of  the  congress  of  the  United  States,  or  any  candi- 
date for  such  office  after  such  candidate  has  been  nominated  at 
his  party's  primary,  when  such  killing  is  motivated  by  knoAvl- 
edge  of  the  foregoing  capacity  of  the  victim. 

II.  For  the  purpose  of  RSA  630:1,  I  (a),  "purposely"  shall 
mean  that  the  actor's  conscious  object  is  the  death  of  another, 
and  that  his  act  or  acts  were  wilful  and  in  furtherance  of  that 
object. 

III.  As  used  in  this  section,  a  "law  enforcement  officer"  is  a 
sheriff  or  deputy  sheriff  of  any  county,  a  state  police  officer,  a 
constable  or  police  officer  of  any  city  or  town,  an  official  or  em- 
ployee of  any  prison,  jail  or  corrections  institution,  or  any  other 
local,  state  or  federal  official  Avhose  duties  include  enforcement 
of  the  criminal  law. 

IV.  A  person  convicted  of  a  capital  murder  shall  be  pun- 
ished by  death. 

V.  As  used  in  this  section  and  RSA  630:2,  3,  4,  and  5,  the 
meaning  of  "another"  does  not  include  a  foetus. 

2  Non-Capital  Murder.  Amend  RSA  630  (supp)  as  in- 
serted by  1971,  518:1  by  inserting  after  section  1  the  following 
new  section: 

630: 1-a  Non-Capital  Murder. 

I.  A  person  is  guilty  of  a  non-capital  murder  if: 

(a)  He  knowingly  causes  the  death  of  another,  or 


House  Journal,  27Mar74  299 

(b)  He  causes  such  death  recklessly  under  circumstances 
manifesting  an  extreme  indifference  to  the  value  of  human  life. 
Such  recklessness  and  indifference  are  presumed  if  the  actor 
causes  the  death  by  the  use  of  a  deadly  weapon  in  the  com- 
mission of,  or  in  an  attempt  to  commit,  or  in  immediate  flight 
after  committing  or  attempting  to  commit  any  class  A  felony. 

II.  Non-capital  murder  shall  be  punishable  by  imprison- 
ment for  life  for  such  term  as  the  court  may  order. 

3  Manslaughter.  Amend  RSA  630:2  (supp) ,  as  inserted  by 
1971,  518:1  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

630:2  Manslaughter. 

I.  A  person  is  guilty  of  a  class  A  felony  when  he  causes  the 
death  of  another 

(a)  Under  the  influence  of  extreme  mental  or  emotional 
disturbance  caused  by  extreme  provocation  but  which  Avould 
otherwise  constitute  murder;  or 

(b)  Recklessly. 

4  Bail  in  Capital  Murder  Cases.  Amend  RSA  597: 1  (supp) , 
as  amended,  by  striking  out  in  line  one  the  words  "capital  of- 
fenses" and  inserting  in  place  thereof  the  folloAving  (offenses 
punishable  by  death)  so  that  said  section  as  amended  shall  read 
as  follows: 

597:1  When  Allowed.  Except  for  offenses  punishable  by 
death  where  the  proof  is  evident  or  the  presumption  is  great, 
all  persons  arrested  for  crime  shall,  before  conviction,  be  re- 
leased on  personal  recognizance  or  be  bailable  by  sufficient  sure- 
ties, whichever  justice  may  require. 

5  Challenges  in  Capital  Murder  Cases;  Defendant.  Amend 
RSA  606:3,  as  amended,  by  striking  out  in  line  two  the  words 
"which  may  be"  so  that  said  section  as  amended  shall  read  as 
follows: 

606:3  Challenges,  Defendant.  Every  person  arraigned  and 
put  on  trial  for  an  offense  punishable  by  death,  unless  he  stand 
wilfully  mute,  may,  in  addition  to  challenges  for  cause,  peremp- 
torily challenge  twenty,  and  in  any  other  case  the  accused  may 
so  challenge  three,  of  the  jurors. 


300  House  Journal,  27Mar74 

6  Challenges  in  Capital  Murder  Cases;  State.  Amend  RSA 
606:4,  as  amended,  by  striking  out  in  line  one  the  words  "which 
may  be"  so  that  said  section  as  amended  shall  read  as  follows: 

606:4  Challenges,  State.  Upon  the  trial  of  any  offense  pun- 
ishable by  death,  the  state,  in  addition  to  challenges  for  cause, 
shall  be  entitled  to  ten,  and  in  any  other  case  to  three,  peremp- 
tory challenges. 

7  Release  From  Life  Sentence.  Amend  RSA  651:45-a 
(supp) ,  as  inserted  by  1973,  370:38,  by  inserting  in  line  three 
after  the  word  "nature"  the  following  (and  committed  prior  to 
November  1,  1973)  so  that  said  section  as  amended  shall  read  as 
follows: 

651:45-a  Eligibility  for  Release;  Life  Sentences.  A  prisoner 
serving  a  sentence  of  life  imprisonment,  except  one  convicted 
of  murder  which  was  psycho-sexual  in  nature  and  committed 
prior  to  November  1,  1973,  may  be  given  a  like  permit  at  any 
time  after  having  served  eighteen  years  which  shall  be  deemed 
the  minimum  term  of  his  sentence  for  the  purposes  of  this  sec- 
tion, minus  any  credits  earned  under  the  provisions  of  RSA 
651:55-a,  55-b,  and  55-c,  provided  it  shall  appear  to  said  board 
to  be  a  reasonable  probability  that  he  will  remain  at  liberty 
without  violating  the  law  and  ^vill  conduct  himself  as  a  good 
citizen. 

8  Eligibility  for  Parole;  Persons  Convicted  of  Psycho-sexual 
Murder.  Amend  RSA  651:45-b  (supp),  as  inserted  by  1973, 
370:38,  by  inserting  in  line  two  after  the  word  "nature"  the 
following  (and  committed  prior  to  November  1,  1973)  so  that 
said  section  as  amended  shall  read  as  follows: 

65L45-b  Eligibility  for  Parole;  Persons  Convicted  by  Psy- 
cho-sexual Murder.  A  prisoner  serving  a  sentence  of  life  im- 
prisonment who  has  been  convicted  of  murder  which  was  psy- 
cho-sexual in  nature  and  committed  prior  to  November  1,  1973 
shall  not  be  eligible  for  parole  until  he  shall  have  served  forty 
years  minus  any  credits  earned  under  the  provisions  of  RSA 
651:55-a,  55-b,  and  55-c  and  until  the  board  shall  recommend  to 
the  superior  court  that  said  prisoner  should  be  released  on 
parole.  The  superior  court  shall  have  a  hearing  on  the  recom- 
mendation of  the  board  at  which  all  interested  parties,  includ- 
ing the  attorney  general,  may  appear  and  present  evidence.  If  it 
shall  appear  to  the  superior  court  after  said  hearing  that  there 


House  Journal,  27Mar74  301 

is  a  reasonable  probability  that  the  prisoner  Vv^ill  remain  at 
liberty  without  violating  the  law  and  will  conduct  himself  as  a 
good  citizen,  the  court  may  order  him  released  on  parole  with 
such  conditions  as  it  may  deem  just. 

9  Psycho-sexual  Murder  Certified.  Amend  RSA  65I:45-c 
(supp) ,  as  inserted  by  1973,  370:38,  by  inserting  in  line  two 

after  the  word  "murder"  the  following  (committed  prior  to 
November  1,  1973)  so  that  said  section  as  amended  shall  read  as 
follows: 

651:45-c  Psycho-sexual  murder  Certified.  Whenever  any 
person  is  convicted  of  murder,  committed  prior  to  November  1 , 
1973,  the  presiding  justice  shall  certify,  at  the  time  of  sentencing, 
whether  or  not  such  murder  was  psycho-sexual  in  nature. 

10  Death  Sentences.  Amend  RSA  630  by  inserting  after 
section  4  the  following  new  sections: 


"o 


630:5  Form.  Where  penalty  of  death  is  imposed  the  sen- 
tence shall  be,  that  the  defendant  be  imprisoned  in  the  state 
prison  at  Concord  until  the  day  appointed  for  his  execution, 
which  shall  not  be  within  one  year  from  the  day  sentence  is 
passed,  and  that  he  shall  be  then  hanged  by  the  neck  until  he  is 
dead. 

630:6  Place;  Witnesses.  The  punishment  of  death  shall  be 
inflicted  within  the  walls  or  yard  of  the  state  prison.  The  sheriff 
of  the  county  in  which  the  person  was  convicted,  and  two  of  his 
deputies,  shall  be  present,  unless  prevented  by  unavoidable 
casualty.  He  shall  request  the  presence  of  the  attorney  general 
or  country  attorney,  clerk  of  the  court  and  a  surgeon,  and  may 
admit  other  reputable  citizens  not  exceeding  twelve,  the  rela- 
tions of  the  convict,  his  counsel  and  such  priest  or  clergyman 
as  he  may  desire,  and  no  others. 

11  Rights  of  Accused  in  Capital  Murder  Cases.  Amend 
RSA  604: 1  (supp) ,  as  amended,  by  striking  out  in  lines  one 
and  two  the  words  "a  felony  the  punishment  of  which  may  be 
death"  and  inserting  in  place  thereof  the  following  (an  offense 
punishable  by  death)  so  that  said  section  as  amended  shall  read 
as  follows: 

604:1  Capital  Cases.  Every  person  indicted  for  an  offense 
punishable  by  death  shall  be  entitled  to  a  copy  of  the  indict- 
ment before  he  is  arraigned  thereon;  to  a  list  of  the  witnesses  to 


302  House  Journal,  27Mar74 

be  used  and  of  the  jurors  returned  to  serve  on  the  trial,  with  the 
place  of  abode  of  each,  to  be  delivered  to  him  twenty-four  hours 
before  the  trial;  and  to  process  from  court  to  compel  witnesses 
to  appear  and  testify  at  the  trial.  Provided,  however,  the  justice 
presiding  at  the  trial  may  admit  the  testimony  of  any  witness 
whose  name  and  place  of  abode  is  not  on  the  list  hereinbefore 
provided  for  upon  such  notice  to  the  respondent  as  he,  the  pre- 
siding justice,  shall  direct  whenever  in  his  discretion  he  deems 
such  action  will  promote  justice. 

12  Repeal.  RSA  585:1  through  6,  as  amended,  relative  to 
homicide  and  offenses  against  the  person,  are  hereby  repealed. 

13  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Rep.  H.  Gwendolyn  Jones  explained  the  committee  re- 
port. 

(discussion) 

Rep.  Twigg  moved  that  the  report  of  the  minority,  ought 
to  pass  with  amendment,  be  substituted  for  the  majority  report, 
ought  to  pass,  and  spoke  in  favor  of  his  motion. 

Reps.  McManus,  Nighswander,  Close,  Orcutt,  Fortier,  and 
Frizzell  spoke  against  the  motion. 

Reps.  Joseph  L.  Cote,  Pryor,  Patrick,  T.  Anne  Webster, 
Read,  Charles  B.  Roberts,  Daniel  J.  Healy,  Lyons,  Rock,  Gor- 
man, Clark  and  Richard  L.  Bradley  spoke  in  favor  of  the  mo- 
tion. 

Reps.  Gerry  F.  Parker,  Cobleigh,  Record,  and  Curran  non- 
spoke  in  favor  of  the  minority  report. 

QUORUM  COUNT 

A  quorum  count  was  requested. 

309  members  having  answered,  a  quorum  was  declared 
present. 

Rep.  Joseph  L.  Cote  requested  a  roll  coll. 

Seconded  by  Reps.  T.  Anne  Webster,  Read,  Clark,  James 
W.  Murray,  Pryor,  Lebel,  Parnagian,  Twardus,  Lesmerises, 
Myrl  R.  Eaton,  Soule,  Thibeault,  Kashulines,  Rowell,  Buck- 
man,  Skinner  and  Metcalf. 


House  Journal,  27Mar74  303 

ROLL  CALL 

YEAS:  201  NAYS:   101 

YEAS 

Hillsborough  County: 

Eaton,  Joseph  M.,  Withington,  Murray,  Fred  E.,  Karnis, 
Eaton,  Clyde  S.,  Heald,  Philip  C,  Warren,  E.  George,  Archam- 
bault.  Knight,  Roy,  Antonio  J.,  Nelson,  Bragdon,  Brown,  G. 
Winthrop,  Carter,  Coburn,  Langdell,  Carswell,  Dwyer,  Lyons, 
Alukonis,  Nutting,  Polak,  Ethier,  McLaughlin,  Rock,  Cobleigh, 
Record,  Belcourt,  Winn,  John  T.,  Winn,  Cecelia  L.,  Charest, 
Desmarais,  Lachance,  Gabriel,  Lefebvre,  Migneault,  Boisvert, 
Mason,  Ouellette,  Lebel,  Ainley,  Milne,  Ackerson,  Bourassa, 
Murphy,  Bruton,  Cote,  Joseph  L.,  Cullity,  Dupont,  Healy, 
Daniel  J.,  Clancy,  Drewniak,  MacDonald,  Thibeault,  P.  Robert, 
Burke,  Grady,  O'Connor,  Timothy  K.,  D'Allesandro,  Lynch, 
Martineau,  Bernier. 

Merrimack  County: 

Bigelow,  Chandler,  Deoss,  Hanson,  Enright,  Rice,  Ga- 
mache,  Gordon,  George  E.,  Bartlett,  Mattice,  Thompson,  Doris 
L.,  Wiggin,  Elmer  S.,  Humphrey,  James  A.,  Fisher,  Gate,  Davis, 
Alice,  Harriman,  Noble. 

Rockingham  County: 

King,  Stimmell,  Davis,  Roy  W.,  Wilson,  Helen  F.,  Boucher, 
William  P.,  Kashulines,  Skinner,  Soule,  Thibeault,  George  J., 
Barka,  Gorman,  MacGregor,  Read,  Campbell,  Sayer,  Spollett, 
Webster,  Clarence  L.,  Cummings,  Vey,  Erler,  Goodrich,  Simard, 
Tavitian,  Rogers,  Hamel,  Akerman,  Cunningham,  Parr,  Brown, 
Benjamin  A.,  Collishaw,  Eastman,  Junkins,  Page,  Wolfsen, 
Stevens,  Elliot  A.,  Hammond,  Maynard,  Palfrey,  Griffin,  Dame, 
McEachern,  Joseph  A.,  Connors,  Hodgdon. 

Strafford  Count\': 

Dawson,  Harvey,  Rowell,  Tirrell,  Joncas,  Bouchard,  Ma- 
loomian,  Chasse,  Peter  N.,  Tibbetts,  Ruel,  Winkley,  Gagnon, 
Arthur,  Leighton,  Donnelly,  Kincaid,  Parnagian,  Peabody, 
Pray. 

Sullivan  County: 

Barrus,  Rousseau,  Roy,  Mary  R.,  Spaulding,  Roma  A., 
Burrows,  Lewko,  Scott,  Olden,  Wiggins,  George  L 


304  House  Journal,  27Mar74 

Belknap  County: 

French,  Lawton,  Matheson,  Marsh,  Roberts,  Charles  B., 
Twigg,  Maguire,  Murray,  James  W. 

Carroll  County: 

Howard,  Donalda  K.,  Conley,  Davis,  Dorothy  W.,  Webster, 
T.  Anne. 

Cheshire  County: 

Galloway,  Johnson,  Elmer  L.,  Whipple,  Marshala,  Savage, 
Forcier,  Gordon,  Anne  B.,  Turner,  Raymond,  Ames,  Streeter, 
Drew. 

Coos  County: 

Huggins,  Metcalf,  Bushey,  Hunt,  Drake,  Burns,  Richard- 
son, Mabel  L.,  Kidder,  Victor  L.,  Pryor,  Gagnon,  Rebecca. 

Grafton  County: 

Curran,  Tilton,  Stevenson,  Fimlaid,  Bradley,  Richard  L., 
Clark,  Jones,  Anthony  K.,  Mann,  Ezra  B.,  Anderson,  Fayne  E., 
Altman,  Buckman,  Harrison,  Gemmill,  Bell,  Krainak,  Du- 
haime,  Eaton,  Myrl  R.,  Townsend,  Madeline  G. 

NAYS 

Hillsborough  County: 

Colburn,  Thomson,  Harold  E.,  Orcutt,  Perkins,  Arnold 
B.,  Harvell,  Van  Loan,  Spalding,  Kenneth  W.,  Hall,  Geiger, 
Bergeron,  Smith,  Leonard  A.,  Currier,  Richardson,  John  W., 
Parker,  Gerry  F.,  Zechel,  Tropea,  Woodruff,  Cote,  Margaret 
S.,  McGlynn,  Wilcox,  Horan,  Nardi,  Spirou,  Shea,  Gelinas, 
O'Neil,  Dorthea  M.,  Gillmore,  Normand. 

Merrimack  County: 

Thompson,  Arthur  E.,  Sherman,  Parker,  Harry  C,  Goff, 
John  B.,  Boucher,  Laurent  J.,  Cushman,  Kopperl,  Haller,  Mc- 
Lane,  Jones,  H.  Gwendolyn,  Tarr,  Rich,  Underwood,  Wilson, 
Ralph  W.,  Howard  C,  Edwin,  Hager. 

Rockingham  County: 

Gibbons,  Roy,  Vesta  M.,  Sanborn,  Schwaner,  Scamman, 
Weeks,  Greene,  Lockhart,  Splaine,  McEachern,  Paul. 

Strafford  County: 

Beckett,  Dudley,  Plumer,  Hebert,  Tanner,  Thompson, 
Barbara  C,  Preston,  Tripp,  Bernard,  O'Connor,  Roderick  H., 
Lessard,  McManus. 


House  Journal,  27Mar74  305 

Sullivan  County: 

Townsend,  Sara  M.,  Tucker,  Brodeur,  Frizzell,  William- 
son. 

Belknap  County: 

Nighswander,  Wuelper,  Bowler,  Roberts,  George  B., 
Hood,  Hildreth. 

Carroll  County: 

Duprey,  Chase,  Claflin. 

Cheshire  County: 

Stevens,  Anthony,  O'Neil,  James  E.,  Ladd,  Milbank,  Nims, 
Cooke,  Close,  Scranton. 

Coos  County: 

Patrick,  Oleson,  Fortier,  Brungot,  Theriault. 

Grafton  County: 

Gallen,  Jones,  Albert  C,  Webb,  Bradley,  David  J.,  Nutt, 
Chambers,  Copenhaver,  Symons. 

Reps.  D'Amante,  Mary  Sullivan,  Twardus,  Southwick, 
Hoar,  Boisse,  Daniels  and  Seamans  wish  to  be  recorded  in  favor 
of  the  motion  to  substitute  the  minority  report. 

QUORUM  COUNT 

Rep.  T.  Anne  Webster  requested  a  quorum  count. 

297  members  having  answered,  a  quorum  was  declared 
present. 

Rep.  Twigg  questioned  the  adequacy  of  the  count  in  Div- 
ision 2. 

Division  2  —  75. 

The  motion  to  substitute  the  report  of  the  minority  for 
the  majority  report  on  SB  27  carried. 

Rep.  McManus  offered  an  amendment. 

The  clerk  read  the  amendment  in  full. 

Rep.  Nelson  challenged  the  admissability  of  the  amend- 
ment. 

The  Speaker  ruled  the  amendment  presented  by  Rep.  Mc- 


306  House  Journal,  27Mar74 

Manus  out  of  order  in  view  of  the  House  tradition  requiring 
seven  copies  of  an  amendment. 

Rep.  George  B.  Roberts,  Jr.  moved  that  further  action  on 
SB  27  be  deferred  to  allow  Rep.  McManus  to  secure  the  proper 
number  of  copies  of  his  amendment  and  spoke  in  favor  of  his 
motion. 

Rep.  Daniel  J.  Healy  and  Stevenson  spoke  in  favor  of  the 
motion. 

(discussion) 

Rep.  McManus  withdrew  his  amendment. 

Rep.  Twigg  moved  that  Rep.  Roberts'  motion  be  laid  on 
the  table. 

Motion  laid  on  the  table. 

SB  27  ordered  to  third  reading. 

(Speaker  in  the  Chair) 

RECESS 

AFTER  RECESS 

ENROLLED  BILLS  REPORT 

HB  27,  relative  to  amending  certain  provisions  of  the  Off 
Highway  Recreational  Vehicle  Law,  RSA  269-C. 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill. 

HB  32,  relative  to  the  commission  and  taxes  on  pari-mu- 
tuel  pools  at  dog  tracks. 

Mabel  L.  Richardson 

For  The  Committee 

ENROLLED  BILLS  AMENDMENT 

HB  7,  permitting  municipalities  to  establish,  acquire, 
maintain  and  operate  public  transportation  facilities  in  coop- 
eration with  governmental  units  of  adjoining  states;  permit- 
ting broader  cooperation  in  furnishing  of  municipal  services; 
and  permitting  cities  and  towns  to  appropriate  money  for  group 
homes. 


House  Journal,  27Mar74  307 

AMENDMENT 

Amend  section  2  of  said  bill  by  striking  out  lines  four,  five 
and  six  and  inserting  in  place  thereof  the  following: 

XV.  The  establishment  or  acquisition  and  maintenance 
and  operation,  or  contracting  for  the  maintenance  and  opera- 
tion of  any  public  transportation  system  and  related  facilities 
for  the  transportation  of  passengers. 

The  clerk  read  the  amendment  in  full. 

Adopted. 

SENATE  MESSAGES 

CONCURRENCE  SB  WITH  HOUSE 
AMENDMENT 

SB  4,  relative  to  penalties  and  forfeitures  for  noncompli- 
ance with  sewage  and  waste  disposal  rules  and  regulations  of 
the  water  supply  and  pollution  control  commission. 

SB  24,  authorizing  cities  and  towns  to  grant  franchises  for 
cable  television  systems. 

SB  12,  to  further  protect  the  rights  of  mobile  home  owners 
by  requiring  that  mobile  home  park  owners  and  operators  state 
the  rules  and  regulations  of  the  park  in  writing  and  provide  all 
tenants  with  copies  of  the  rules  and  to  encourage  the  construc- 
tion of  mobile  home  parks  by  not  prohibiting  the  so-called 
"first  sale"  restriction  in  a  new  park. 

SB  8,  relative  to  the  distribution  of  testate  property  follow- 
ing waiver  of  a  will  by  surviving  spouse  and  relative  to  the  form 
of  notice  given  for  termination  of  parental  rights. 

SB  22,  establishing  a  study  committee  to  develop  a  plan  to 
provide  public  assistance  to  private  institutions  of  higher  learn- 
ing in  this  state  and  relating  to  the  Lafayette  Regional  School 
District  and  Bethlehem  School  District. 

CONCURRENCE 

HCR  7,  establishing  a  joint  committee  to  study  federal 
funding  from  the  administration  on  aging. 

CHANGE  OF  HOUSE  CONFEREE 
HB  18,  Rep.  Spirou  replacing  Rep.  Sununu. 


308  House  Journal,  27Mar74 

SENATE  MESSAGE 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  5,  relative  to  the  office  of  energy  administrator. 

(Amendment  printed  in  SJ  March  20) 

Rep.  McLane  moved  that  the  House  nonconcur  in  the 
Senate  amendment  and  that  a  Committee  of  Conference  be  es- 
tablished. 

(discussion) 

Rep.  George  E.  Gordon  spoke  in  favor  of  the  motion. 

Rep.  Daniell  spoke  against  the  motion. 

Adopted. 

The  Speaker  appointed  Reps.  Arthur  F.  Mann,  Bigelow, 
Mattice,  Cushman,  and  Hildreth. 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  29,  relative  to  tuition  payments  for  handicapped  chil- 
dren; amending  the  appropriation  for  same;  defining  a  handi- 
capped child  as  a  person  up  to  the  age  of  twenty-one;  and  pro- 
viding for  educational  and  other  expenses  in  public  institutions. 

(Amendment  printed  in  SJ  March  26) 

Rep.  French  moved  that  the  House  nonconcur  in  the 
Senate  amendment  and  that  a  committee  of  conference  be 
established. 

Adopted. 

The  Speaker  appointed  Reps.  French,  Raymond,  Rock, 
Chambers  and  Cotton. 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  11,  to  increase  the  salaries  of  state  classified  employees 
and  employees  of  the  university  system  and  providing  differen- 
tial pay  to  classified  prison  employees  and  correctional  psychi- 
atric aides  at  the  New  Hampshire  Hospital  and  making  appro- 
priations therefor. 


House  Journal,  27Mar74  309 

(Amendment  printed  SJ  March  26) 

Rep.  Drake  moved  that  the  House  nonconcur  in  the  Senate 
amendment  and  that  a  committee  of  conference  be  established. 

Adopted. 

The  Speaker  appointed  Reps.  McLane,  Gallen,  Weeks, 
William  F.  Kidder  and  Belcourt. 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  17,  increasing  the  mileage  rate  for  all  state  employees 
using  privately  owned  passenger  vehicles  and  making  an  appro- 
priation therefor. 

Rep.  Drake  moved  that  the  House  concur  in  the  Senate 
amendment. 

(Amendment  printed  SJ  March  26) 

Adopted. 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  1,  making  supplemental  appropriations  for  expenses 
of  certain  departments  of  the  state  for  the  fiscal  years  ending 
June  30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes. 

Rep.  Drake  moved  that  the  House  noncur  in  the  Senate 
amendment  and  that  a  committee  of  conference  be  established. 

Adopted. 

The  Speaker  appointed  Reps.  Drake,  Ferguson,  Scamman, 
McGinness  and  John  W.  Richardson. 

The  Speaker  called  for  the  special  order  on: 

HB  19,  increasing  the  amount  of  political  expenditures 
authorized  for  candidates  in  primary  and  general  elections 
seeking  the  office  of  governor,  U.  S.  senator,  representative  in 
congress,  governor's  councilor,  county  officer,  state  senator,  or 
representative  to  the  general  court. 

The  question  is:  Shall  the  bill  pass  notwithstanding  the 
governor's  veto. 


310  House  Journal,  27Mar74 

Reps.  Lawton,  McLane,  Spirou,  George  B.  Roberts,  Jr., 
Currier,  Chase  and  Zachos  spoke  in  favor  of  overriding  the 
Governor's  veto. 

Reps.  Fred  E.  Murray,  Close,  Bernier  and  Gelinas  non- 
spoke  in  favor  of  overriding  the  Governor's  veto. 

Reps,  Cate,  Barrus,  Sayer,  Twigg,  Coutermarsh,  Gerry  F. 
Parker,  Daniell,  Joseph  L.  Eaton,  Albert  C.  Jones,  Stevenson, 
Nelson,  Plourde,  Brungot  and  Chandler  spoke  in  favor  of  sus- 
taining the  Governor's  veto. 

Reps.  Donnelly,  Rice,  Turner,  Connors,  Forcier,  Tony 
Smith,  Curran,  Tripp,  Preston,  Polak,  Winkley,  Colby,  Fortier 
and  George  E.  Gordon  non-spoke  in  favor  of  sustaining  the 
Governor's  veto. 

(discussion) 

ROLL  CALL 

YEAS:   146  NAYS:   180 

YEAS 

Belknap  County: 

French,  Lawton,  Matheson,  Nighswander,  Wuelper,  Hood, 
Bowler,  Roberts,  Charles  B.,  Roberts,  George  B.,  Hildreth, 
Sabbow. 

Carroll  County: 

Duprey,  Chase,  Claflin,  Allen. 

Cheshire  County: 

Stevens,  Anthony,  Ladd,  McGinness,  Gordon,  Anne  B., 
Milbank,  Raymond,  Cooke,  Close,  Nims,  Scranton. 

Coos  County: 

Hunt,  Drake,  Burns,  Oleson. 

Grafton  County: 

Gallen,  Fimlaid,  Mann,  Ezra  B.,  Altman,  Bell,  Webb,  Brad- 
ley, David  J.,  Copenhaver,  Nutt,  Townsend,  Madeline  G. 

Hillsborough  County: 

Mann.  Arthur  F.,  Murray,  Fred  E.,  Colburn,  Orcutt,  Van 
Loan,  Harvell,  Brown,  G.  Winthrop,  Spalding,  Kenneth  W. 
Carter,  Ferguson,  Hall,  Nutting,  Smith,  Leonard  A.  Currier, 


House  Journal,  27Mar74  311 

Richardson,  John  W.,  Zechel,  Belcourt,  Woodruff,  Cote,  Mar- 
garet S.,  Winn,  John  T.,  Winn,  Cecelia  L.,  Gabriel,  McGlynn, 
Ainley,  Daniels,  Zachos,  Horan,  Nardi,  Spirou,  Shea,  Dupont, 
Drewniak,  Sullivan,  Mary  J.,  Gelinas,  O'Neil  Dorthea  M., 
Burke,  O'Connor,  Timothy  K.,  Gillmore,  Lynch,  Normand. 

Merrimack  County: 

Kidder,  William  F.,  Sherman,  Bigelow,  Parker,  Harry  C, 
Hanson,  Goff,  John  B.,  Cushman,  Thompson,  Doris  L.,  Wig- 
gin,  Elmer  S.,  Burleigh,  Gate,  Haller,  Davis,  Alice,  McLane, 
Newell,  Tarr,  Rich,  Underwood,  Harriman,  Wilson,  Ralph  W., 
Howard,  C.  Edwin,  Woodward,  Hager,  Noble. 

Rockingham  County: 

Stimmell,  Gibbons,  Campbell,  Roy,  Vesta  M.,  Spollett, 
Sanborn,  Simard,  Tavitian,  Hamel,  Brown,  Benjamin  A.,  Colli- 
shaw,  Eastman,  Junkins,  Page,  Scamman,  Wolfsen,  Stevens,  El- 
liot A.,  Weeks,  Greene,  Lockhart,  Maynard,  Griffin,  Cotton, 
McEachern,  Joseph  A.,  Connors,  McEachern,  Paul. 

Strafford  County: 

Beckett,  Dudley,  Plumer,  Herbert,  Meserve,  Thompson, 
Barbara  C,  Leighton,  O'Connor,  Roderick  H.,  Lessard,  Pea- 
body. 

Sullivan  County: 

Townsend,  Sara  M.,  Tucker,  Burrows,  Lewko,  Scott,  Friz- 
zell.  Olden. 

NAYS 

Belknap  County: 

Maguire,  Murray,  James  W.,  T-wigg,  Marsh. 

Carroll  County: 

Howard,  Donalda  K.,  Conley,  Davis,  Dorothy  W.,  Web- 
ster, T.  Anne. 

Cheshire  County: 

Galloway,  Johnson,  Elmer  L.,  Whipple,  Marshala,  Savage, 
Forcier,  Yardley,  Turner,  Ames,  Streeter,  Drew. 

Coos  County: 

Huggins,  Metcalf,  Patrick,  Bushey,  Kidder,  Victor  L.,  For- 
tier,  Pryor,  Brungot,  Lemire,  George,  Gagnon,  Rebecca,  Theri- 
ault. 


312  House  Journal,  27Mar74 

Grafton  County: 

Curran,  Tilton,  Stevenson,  Bradley,  Richard  L.,  Clark, 
Jones,  Anthony  K.,  Anderson,  Fayne  E.,  Jones,  Albert  C,  Buck- 
man,  Harrison,  Gemmill,  Krainak,  Chambers,  Duhaime,  Ea- 
ton, Myrl  R. 

Hillsborough  County: 

Eaton,  Joseph  M.,  Humphrey,  Howard  S.,  Withington, 
Karnis,  Eaton,  Clyde  S.,  Heald,  Philip  C,  Warren,  E.  George, 
Thomson,  Harold  E.,  Archambault,  Knight,  Roy,  Antonio  J., 
Perkins,  Arnold  B.,  Nelson,  Bragdon,  Coburn,  Langdell,  Cars- 
well,  Dwyer,  Geiger,  Lyons,  Alukonis,  Bednar,  Polak,  Sea- 
mans,  Ethier,  McLaughlin,  Rock,  Cobleigh,  Parker,  Gerry  F., 
Record,  Tropea,  Charest,  Desmarais,  Lachance,  Lefebvre,  Bois- 
vert.  Mason,  Ouellette,  Wilcox,  Coutermarsh,  Lebel,  Ackerson, 
Bourassa,  Murphy,  Bruton,  Cote,  Joseph  L.,  Cullity,  Healy, 
Daniel  J.,  Clancy,  Gardner,  Thibeault,  P.  Robert,  Grady, 
D'Allesandro,  Sweeney,  Lemire,  Armand  R.,  Levasseur,  Mar- 
tineau. 

Merrimack  County: 

Thompson,  Arthur  E.,  Chandler,  Deoss,  Boucher,  Laurent 
J.,  Enright,  Rice,  Gordon,  George  E.,  Plourde,  Bartlett,  Kop- 
perl,  Mattice,  Humphrey,  James  A.,  Daniell,  Fisher. 

Rockingham  County: 

King,  Benton,  Davis,  Roy  W.,  Wilson,  Helen  F.,  Boucher, 
William  P.,  Kashulines,  Skinner,  Soule,  Thibeault,  George  J., 
Barka,  Gorman,  MacGregor,  Read,  Belair,  DeCesare,  Goff,  Eliz- 
abeth E.,  Sayer,  Sununu,  Webster,  Clarence  L.,  Cummings,  Vey, 
Erler,  Goodrich,  Hoar,  Schwaner,  Rogers,  Akerman,  Cunning- 
ham, Parr,  Twardus,  Hammond,  Splaine,  Dame,  Hodgdon, 
Keefe. 

Strafford  County: 

Dawson,  Harvey,  Colby,  Rowell,  Tirrell,  Joncas,  Bouchard, 
Maloomian,  Chasse,  Peter  N.,  Tanner,  Tibbetts,  Ruel,  Winkley, 
Preston,  Tripp,  Boisse,  Bernard,  Donnelly,  Kincaid,  Parnagian, 
Pray. 

Sullivan  County: 

Barrus,  Rousseau,  Roy,  Mary  R.,  Spaulding,  Roma  A., 
Brodeur,  D'Amante,  Wiggins,  George  L,  Williamson. 

PAIR 
Rep.  Ellis  voting  yes;  Rep.  McManus  voting  no. 


House  Journal,  27Mar74  313 

Failing  to  get  the  necessary  two-thirds,  the  Governor's  veto 
on  HB  19  was  sustained. 

Rep.  Southwick  wished  to  be  recorded  as  voting  "yes"  on 
Governor's  veto  on  HB  19. 

Rep.  Palfrey  wished  to  be  recorded  as  voting  "no"  on  Gov- 
ernor's veto  on  HB  19. 

SENATE  MESSAGE 

CONCURRENCE 

HB  36,  permitting  the  sale  of  milk  in  three  quart  con- 
tainers. 

HB  37,  to  provide  for  the  repeal  of  the  law  tending  to  pro- 
hibit hitchhiking. 

HB  13,  repealing  the  termination  date  of  RSA  357-B. 

SUSPENSION  OF  RULES 

Rep.  Zachos  moved  that  the  Rules  of  the  House  be  so  far 
suspended  as  to  place  the  following  Senate  Bills  on  third  read- 
ing and  final  passage  by  title  only  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

Third  reading  and  final  passage 

SB  20,  providing  for  regulation  of  franchise  agreements 
for  the  sale  of  gasoline  and  requiring  the  posting  of  motor  fuel 
prices. 

SB  27,  to  better  protect  the  safety  of  New  Hampshire  citi- 
zens and  law  enforcement  officers  by  authorizing  capital  punish- 
ment in  certain  circumstances,  consistent  with  the  New  Hamp- 
shire constitution  and  decisions  of  the  Supreme  Court. 


Rep.  T.  Anne  Webster  suggested  that  Rep.  Twigg  be  ap- 
pointed to  the  committee  of  conference  on  SB  27  to  better  pro- 
tect the  safety  of  New  Hampshire  citizens  and  law  enforcement 


314  House  Journal,  27Mar74 

officers  by  changing  penalties  for  homicide  in  certain  circum- 
stances, if  a  conference  committee  is  established,  and  spoke  in 
favor  of  her  suggestion. 

Reps.  Zachos,  Spirou,  Daniel  J.  Healy  and  Sara  M.  Town- 
send  spoke  against  the  suggestion. 

Reps.  George  E.  Gordon  and  Mary  J.  Sullivan  spoke  in 
favor  of  the  suggestion. 

Rep.  Webster  spoke  a  second  time  in  favor  of  her  sug- 
gestion. 

(Deputy  Speaker  in  the  Chair) 

Rep.  James  E.  O'Neil  spoke  against  the  suggestion. 

Suggestion  lost. 

COMMITTEE  REPORTS  CONTINUED 

SB  7 

relative  to  capital  improvements  to  the  Mount  Washington 
summit  and  making  an  appropriation  therefor.  Ought  to  pass 
with  amendment.  Rep.  Drake  for  Appropriations. 

AMENDMENT 

Amend  the  bill  by  striking  out  sections  2,  3,  and  4  and  in- 
serting in  place  thereof  the  following: 

2  Mount  Washington  Bonds  Authorized.  To  provide  funds 
for  the  appropriation  made  in  section  1  of  this  act,  the  state 
treasurer  is  hereby  authorized  to  borrow  upon  credit  of  the 
state  not  exceeding  the  sum  of  two  million  nine  hundred 
seventy-three  thousand  dollars  and  for  said  purpose  may  issue 
bonds  and  notes  in  the  name  and  on  behalf  of  the  state  of  New 
Hampshire  in  accordance  with  the  provisions  of  RSA  6-A.  The 
amount  of  bonds  to  be  issued  shall  be  reduced  by  total  of  gifts, 
grants  or  donations  from  sources  other  than  the  state.  No  bonds 
authorized  in  this  section  shall  be  issued  prior  to  January  15, 
1975,  and  then  only  with  the  specific  authority  of  the  Governor 
and  Council  for  the  purposes  set  forth  in  section  4  of  this  act. 

3  Mount  Washington  Fund.  Amend  RSA  227-B  by  insert- 
ing after  section  8  the  following  new  section: 

227-B:9  Mount  Washington  Fund.  There  is  hereby  estab- 


House  Journal,  27Mar74  315 

lished  in  the  office  of  the  state  treasurer  a  fund  to  be  known  as 
the  Mount  Washington  fund  which  shall  be  kept  separate  and 
distinct  from  all  other  funds.  Such  fund  shall  be  the  depository 
of  all  fees  received  from  the  commission  pursuant  to  RSA  227- 
B:6,  III  and  all  gifts,  grants  or  donations  made  to  the  commis- 
sion pursuant  to  RSA  227-B:8.  From  such  fund  shall  be  paid 
the  expenses  of  the  commission  plus  the  principal  and  interest 
on  any  bonds  which  may  be  issued  in  the  name  of  the  state  for 
the  purpose  of  capital  improvements  to  the  summit.  Any  monies 
in  such  fund  shall  not  lapse  into  the  general  fund  of  the  state 
until  the  fund  balance  equals  the  total  bonds,  interest  and 
charges  outstanding. 

4  Construction  Authorized.  Amend  RSA  227-B:6,  IV  (supp) 
as  inserted  by  1969,  427:1  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following: 

IV.  Supervise  the  work  done  on  capital  improvements  au- 
thorized by  the  General  Court  for  Mount  Washington.  The 
Governor  and  Council  to  authorize  the  carrying  out  of  the 
capital  improvements  to  the  Mount  Washington  summit  au- 
thorized by  the  general  court  in  a  manner  consistent  with  the 
ten-year  master  plan  prepared  by  the  commission  when  said 
commission  can  certify  it  has  raised  or  accounted  for  one  million 
dollars  or  more  in  gifts,  grants  or  donations  from  sources  other 
than  the  state. 

Rep.  Cunningham  non-spoke  in  favor  of  the  amendment. 

Rep.  Lessard  non-spoke  against  the  amendment. 

Reps.  Curran  and  Clark  spoke  against  the  amendment. 

Rep.  Hall  expressed  Rep.  Boyd's  objections  to  the  amend- 
ment. 

Reps.  Oleson,  Rock  and  Victor  L.  Kidder  spoke  in  favor  of 
the  amendment. 

Rep.  Drake  explained  the  committee  report. 

Amendment  adopted. 

Ordered  to  third  reading. 

SB  10 

establishing   a   sire   stakes   program   and   a   standardbred 


316  House  Journal,  27Mar74 

breeders  and  owners  development  agency.  Ought  to  pass  with 
amendment.  Rep.  Drake  for  Appropriations. 

AMENDMENT 

Amend  RSA  426-A:5  as  inserted  by  section  1  of  the  bill 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following: 

426-A:5  Sire  Stakes  Fund.  There  is  hereby  established  a 
fund  within  the  department  of  agriculture,  to  be  known  as  the 
sire  stakes  fund,  which  shall  be  kept  separate  and  distinct  from 
all  other  funds  appropriated  to  such  department.  All  revenue 
received  pursuant  to  the  provisions  of  this  chapter  and  RSA 
284:22,  II,  shall  be  deposited  in  the  sire  stakes  fund,  which 
shall  be  non-lapsing.  Said  funds  are  hereby  continually  appro- 
priated for  the  payment  of  awards  and  the  costs  of  administer- 
ing the  provisions  of  this  chapter,  including  the  remuneration 
of  the  expenses  of  the  board,  and  shall  be  disbursed  by  the 
commissioner  of  agriculture  or  his  delegate.  The  state  treasur- 
er upon  the  certification  of  the  commissioner  of  agriculture 
or  his  delegate  and  with  the  approval  of  the  board  of  trustees, 
shall  make  payment  to  the  designated  harness  track  for  reim- 
bursement of  such  funds  as  are  paid  by  said  track  as  the  award 
for  an  approved  sire  stakes  race.  The  commissioner  of  agricul- 
ture shall  file  a  report  annually  with  the  state  treasurer  setting 
forth  an  itemization  of  all  deposits  to,  and  disbursements  from, 
said  sire  stakes  fund. 

Further  amend  the  bill  by  striking  out  all  after  section  1 
and  inserting  in  place  thereof  the  following: 

2  Payment  to  Sire  Stakes  Fund.  Amend  RSA  284:22,  II 
(supp) ,  as  amended,  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following: 

II.  The  commission  on  such  pools  at  tracks  or  race  meets 
at  which  harness  races  are  conducted  for  public  exhibition,  in- 
cluding those  conducted  by  agricultural  fairs,  shall  be  uniform 
throughout  the  state  at  the  rate  of  nineteen  percent  of  each 
dollar  wagered  plus  the  odd  cents  of  all  redistribution  to  be 
based  upon  each  dollar  wagered  exceeding  a  sum  equal  to  the 
next  lowest  multiple  of  ten,  known  as  "breakage",  one-half 
of  which  breakage  shall  be  retained  by  the  licensee  in  addition 
to  the  commission  above  provided,  and  the  balance  of  such 


House  Journal,  27Mar74  317 

breakage  shall  be  paid  to  the  state  treasurer  three-fourths  of 
said  balance  for  the  use  of  the  state  in  accordance  with  the  pro- 
visions of  RSA  284:2,  the  remaining  one-fourth  of  the  balance 
to  be  deposited  in  the  sire  stakes  fund  established  by  RSA  426- 
A:5.  Each  licensee  shall  pay  the  tax  provided  for  in  RSA  284:- 
23. 

3  Appropriation.  There  is  hereby  appropriated  the  sum 
of  fifteen  thousand  dollars  for  the  fiscal  year  ending  June  30, 
1975  for  the  purposes  of  this  act.  The  governor  is  authorized 
to  draw  his  warrant  for  the  sum  hereby  appropriated  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

4  Effective  Date. 

I.  Section  2  of  this  act  shall  take  effect  on  July  1,  1975. 

II.  The  remainder  of  this  act  shall  take  effect  on  July  1, 
1974. 

Rep.  Read  spoke  against  the  amendment. 

Rep.  Drake  explained  the  committee  report. 

(discussion) 

Rep.  Plourde  spoke  against  the  amendment. 

Reps.  Raymond  and  Daniell  spoke  in  favor  of  the  amend- 
ment. 

Rep.  Curran  non-spoke  against  the  amendment. 

Rep.  Plourde  spoke  a  second  time  against  the  amendment. 

Rep.  Cobleigh  moved  the  previous  question. 

Sufficiently  seconded. 

Adopted. 

Amendment  adopted. 

Rep.  Plourde  offered  an  amendment. 

The  clerk  read  the  amendment  in  full. 

Rep.  Plourde  spoke  in  favor  of  his  amendment. 

(discussion) 
Rep.  Drake  spoke  against  the  Plourde  amendment. 
Plourde  amendment  lost. 
Ordered  to  third  reading. 


318  House  Journal,  27Mar74 

SUSPENSION  OF  RULES 

Rep.  Chase  moved  that  the  Rules  of  the  House  be  so  far 
suspended  as  to  place  the  following  Senate  Bills  on  third  read- 
ing and  final  passage  by  title  only  at  the  present  time. 

Adopted  by  the  necessary  tAvo-thirds. 

SB  7,  relative  to  capital  improvements  to  the  Mount  Wash- 
ington summit  and  making  an  appropriation  therefor. 

SB  10,  establishing  a  sire  stakes  program  and  a  standard- 
bred  breeders  and  owners  development  agency. 

RECESS 

AFTER  RECESS 

SENATE  MESSAGES 

ACCEDED  REQUEST  FOR  COMMITTEE 
OF  CONFERENCE 

HB  5,  relative  to  the  office  of  energy  administrator. 

The  President  appointed  Sens.  Poulsen,  Lamontagne  and 
Green. 


HB  11,  to  increase  the  salaries  of  state  classified  employees 
and  employees  of  the  university  system  and  providing  differen- 
tial pay  to  classified  prison  employees  and  correctional  psychi- 
atric aides  at  the  New  Hampshire  state  hospital  and  making 
appropriations  therefor. 

The  President  appointed  Sens.  Trowbridge,  Provost  and 
Green. 


HB  29,  relative  to  tuition  payments  for  the  definitions  of 
handicapped  persons  under  the  age  of  twenty-one  and  amend- 
ing the  appropriation  for  same  and  educational  expenses  in 
public  institutions. 

The  President  appointed  Sens.  Green,  Downing  and  Ste- 
phen W.  Smith. 


HB  18,  requiring  local  approval  prior  to  approval  of  site 
plans  for  oil  refineries. 


House  Journal,  27Mar74  319 

The  President  appointed  Sens.  Porter,  Preston  and  John- 


son. 


HB  1,  making  supplemental  appropriations  for  expenses 
of  certain  departments  of  the  state  for  the  fiscal  years  ending 
June  30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes. 

The  President  appointed  Sens.  Trowbridge,  Foley  and 
Green. 


HB  2,  making  appropriations  for  capital  improvements. 

The  President  appointed  Sens.  Trowbridge,  Blaisdell  and 
Sanborn. 


HB  33,  relative  to  the  Winnipesaukee  River  Basin  Control. 
The  President  appointed  Sens.  Porter,  Claveau  and  Gard- 


ner. 


HB  35,  An  act  providing  for  twenty  years  retirement  for 
members  of  group  II  under  the  New  Hampshire  Retirement 
System,  permitting  the  transfer  of  members  of  the  New  Hamp- 
shire Firemen's  Retirement  System  and  of  the  New  Hampshire 
Policemen's  Retirement  System  into  the  New  Hampshire  Re- 
tirement System  and  making  an  appropriation  therefor. 

The  President  appointed  Sens.  Trowbridge,  Blaisdell  and 
Green. 

CONCURRENCE  SB  WITH  HOUSE  AMENDMENT 

SB  20,  providing  for  regulation  of  franchise  agreements 
for  the  sale  of  gasoline  and  requiring  the  posting  of  motor  fuel 
prices. 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  21,  relative  to  the  duties  of  the  state  board  of  educa- 
tion and  prohibiting  the  expenditure  of  public  moneys  in  non- 
public schools  unless  said  schools  have  program  approval  by  the 
department  of  education. 


320  House  Journal,  27Mar74 

Rep.  French  moved  that  the  House  concur  in  the  Senate 
amendment. 

(Amendment  printed  SJ  March  27) 
Adopted. 

COMMITTEE  REPORTS  CONTINUED 
SB  26 

providing  for  retirement  benefits  for  supreme  and  superior 
court  justices.  Ought  to  pass  with  amendment.  Rep.  Drake  for 
Appropriations 

AMENDMENT 

Amend  the  bill  by  striking  out  section  3  and  inserting  in 
place  thereof  the  following: 

3  Any  benefits  that  may  become  due  under  the  provisions 
of  this  act  through  July  1,  1975  shall  be  a  charge  against  funds 
not  otherwise  appropriated.  The  governor  is  authorized  to 
draw  his  warrant  for  said  sums  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated. 

4  Effective  Date.  This  act  shall  take  effect  on  its  passage. 
Amendment  adopted. 

Ordered  to  third  reading. 

House  Resolution  requesting  an  advisory  opinion  from 
the  Attorney  General  relative  to  manpower  training  and  other 
federal  programs.  Ought  to  be  adopted.  Rep.  Madeline  G. 
Townsend  for  Municipal  and  County  Government. 

Statutes  require  that  the  Legislature  request  opinions  from 
the  Attorney  General,  through  the  means  of  a  resolution. 

Only  two  counties,  Hillsborough  and  Rockingham,  would 
be  eligible  to  administer  "manpower  training  programs", 
by  virtue  of  population  of  over  100,00,  if  proven  eligible. 

The  Attorney  General  is  requested  to  furnish  a  ruling  as  to 
county  eligibility  to  receive  and  administer  funds  for  the 
"Federal  Manpower  Training  Program." 

Resolution  adopted. 


House  Journal,  27Mar74  321 

SB  21 

establishing  a  commission  on  children  and  youth.  Refer  to 
an  interim  study  committee.  Rep.  Elizabeth  E.  Goff  for  Public 
Health  and  Welfare. 

Because  of  objections  to  the  bill  raised  at  the  public  hear- 
ing and  because  committee  members  were  concerned  about 
protecting  confidentiality  of  children's  records,  it  was  de- 
cided to  refer  this  bill  to  an  interim  study  committee. 

Referred  to  the  committee  on  Public  Health  and  Welfare 
for  interim  study. 

SUSPENSION  OF  RULES 

Rep.  Drake  moved  that  the  rules  of  the  House  be  so  far 
suspended  as  to  dispense  with  advertising  in  Calendar  on  SB  3, 
changing  the  compensation  of  certain  state  law  enforcement 
employees  and  fees  of  witnesses,  and  to  permit  the  bill  to  be 
taken  up  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS  CONTINUED 

SB  3 

changing  the  compensation  of  certain  state  law  enforce- 
ment employees  and  fees  of  witnesses.  Ought  to  pass.  Rep.  Drake 
for  Appropriations. 

Rep.  Drake  explained  the  committee  report. 

Ordered  to  third  reading. 

SUSPENSION  OF  RULES 

Rep.  Drake  moved  that  the  rules  of  the  House  be  so  far 
suspended  as  to  dispense  with  advertising  in  Calendar  on  SB  11, 
establishing  a  state  historic  preservation  office  and  making  an 
appropriation  therefor,  and  to  permit  the  bill  to  be  taken  up  at 
the  present  time. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS  CONTINUED 

SB  11 

establishing  a  state  historic  preservation  office  and  making 


322  House  Journal,  27Mar74 

an  appropriation  therefor.  Ought  to  pass.  Rep.  Drake  for  Ap- 
propriations. 

Rep.  Drake  explained  the  committee  report. 

Ordered  to  third  reading. 

SUSPENSION  OF  RULES 

Rep.  Arthur  F.  Mann  moved  that  the  rules  of  the  House 
be  so  far  suspended  as  to  dispense  with  advertising  in  the 
Calendar  on  SCR  1,  referring  the  question  of  the  reclassification 
of  a  certain  highway  in  the  town  of  Clarksville  to  a  joint  legis- 
lative committee,  and  to  permit  the  bill  to  be  taken  up  at  the 
present  time. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS  CONTINUED 

SCR  1 

referring  the  question  of  the  reclassification  of  a  certain 
highway  in  the  town  of  Clarksville  to  a  joint  legislative  com- 
mittee. Ought  to  pass.  Rep.  Victor  L.  Kidder  for  Public  Works. 

The  joint  study  committee  plan  to  resolve  this  matter. 

Rep.  Mann  explained  the  committee  report. 

Resolution  adopted. 

SUSPENSION  OF  RULES 

Rep.  Arthur  F.  Mann  moved  that  the  rules  of  the  House 
be  so  far  suspended  as  to  dispense  with  advertising  in  the  Calen- 
dar on  SCR  2,  referring  the  question  of  compensation  for  the 
town  of  Gorham  to  a  joint  legislative  committee,  and  to  permit 
the  bill  to  be  taken  up  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS  CONTINUED 

SCR  2 

referring  the  question  of  compensation  for  the  town  of 
Gorham  to  a  joint  legislative  committee.  Ought  to  pass.  Rep. 
Fortier  for  Public  Works. 


House  Journal,  27Mar74  323 

The  committee  feels  that  the  joint  House  and  Senate  com- 
mittee study  plan  is  a  proper  solution  to  this  problem. 

Rep.  Mann  gave  a  brief  explanation  of  the  resolution. 

Adopted. 

SUSPENSION  OF  RULES 

Rep.  Hanson  moved  that  the  rules  be  so  far  suspended  as 
to  dispense  with  advertising  in  the  Calendar  on  SB  31,  authoriz- 
ing the  cities  of  Berlin  and  Keene  to  acquire,  develop  and 
operate  industrial  parks  within  each  such  city  and  to  aid  the 
construction  and  expansion  of  industrial  facilities  within  each 
such  city  by  the  issue  of  revenue  bonds,  and  to  permit  the  bill 
to  be  taken  up  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS  CONTINUED 

SB  31 

authorizing  the  cities  of  Berlin  and  Keene  to  acquire,  de- 
velop and  operate  industrial  parks  within  each  such  city  and  to 
aid  the  construction  and  expansion  of  industrial  facilities  within 
each  such  city  by  the  issue  of  revenue  bonds.  Ought  to  pass. 
Rep.  Timothy  K.  O'Connor  for  Municipal  and  County  Govern- 
ment. 

Rep.  Hanson  gave  a  brief  explanation  of  the  committee  re- 
port. 

At  the  request  of  Rep.  George  E.  Gordon,  Rep.  Hanson 
answered  questions. 

Rep.  Brungot  nonspoke  in  favor  of  the  passage  of  SB  31. 

Rep.  George  B.  Roberts,  Jr.  spoke  in  favor  of  SB  31. 

Ordered  to  third  reading. 

SUSPENSION  OF  RULES 

Rep.  Zachos  moved  that  the  Rules  of  the  House  be  so  far 
suspended  as  to  place  the  following  Senate  Bills  on  third  read- 
ing and  final  passage  by  title  only  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

SB  3,  changing  the  compensation  of  certain  state  law  en- 
forcement employees  and  fees  of  witnesses. 


324  House  Journal,  27Mar74 

SB  11,  establishing  a  state  historic  preservation  office  and 
making  an  appropriation  therefor. 

SB  31,  authorizing  the  cities  of  Berlin  and  Keene  to  ac- 
quire, develop  and  operate  industrial  parks  within  each  such 
city  and  to  aid  the  construction  and  expansion  of  industrial 
facilities  within  each  city  by  the  issue  of  revenue  bonds. 

SENATE  MESSAGES 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  4  providing  supplemental  grants  to  families  with  de- 
pendent children  and  making  an  appropriation  therefor  and 
authorizing  flat  grant  payments  for  categorical  assistance. 

Rep.  Drake  moved  that  the  House  non-concur  in  the  Senate 
amendment  and  that  a  Committee  of  Conference  be  established. 

(discussion) 

Rep.  Drake  explained  the  bill. 

Adopted. 

The  Speaker  appointed  Reps.  McLane,  Ferguson,  Hough, 
John  B.  Goff,  and  Margaret  S.  Cote. 

CONCURRENCE  HB  WITH  SENATE  AMENDMENT 

HB  24,  permitting  the  use  of  changeable  effective  date 
designations,  such  as  decals,  on  all  motor  vehicle  and  boat  reg- 
istration plates;  authorizing  the  governor  and  council  to  es- 
tablish temporary  speed  laws;  exempting  certain  functions  rela- 
tive to  motor  vehicle  and  highways  from  the  provisions  of  the 
administrative  procedures  act;  and  exempting  the  department 
of  fish  and  game  from  procedural  requirements  of  their  rule 
making  under  Title  XVIII,  until  June  30,  1975. 

(Amendment  printed  SJ  March  27) 

Rep.  Hamel  moved  that  the  House  non-concur  in  the 
Senate  amendment  and  that  a  committee  of  conference  be  es- 
tablished. 

(discussion) 

Adopted. 


House  Journal,  27Mar74  325 

The  Speaker  appointed  Reps.  Hamel,  Conley,  Akerman, 
Duhaime  and  D'Amante. 

SUSPENSION  OF  RULES 

Rep.  Hamel  moved  that  the  rules  be  so  far  suspended  as 
to  dispense  with  advertising  in  the  Calendar  on  SJR  3,  estab- 
lishing a  committee  to  study  highway  safety  and  motor  vehicle 
weight,  length  and  width  requirements,  and  to  permit  the  bill 
to  be  taken  up  at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS  CONTINUED 

SJR  3 

establishing  a  committee  to  study  highway  safety  and  mo- 
tor vehicle  weight,  length  and  width  requirements.  Ought  to 
pass  with  amendment.  Rep.  Hamel  for  Transportation. 

AMENDMENT 

Amend  the  resolution  by  striking  out  all  after  the  resolv- 
ing clause  and  inserting  in  place  thereof  the  following: 

There  is  hereby  established  a  special  legislative  commit- 
tee to  study  and  recommend  changes  from  time  to  time  if  and 
as  needed  to  the  statutes,  including,  but  not  limited  to,  the 
gross  weight,  length  and  width  requirements  for  motor  vehicles 
operating  on  the  highways,  taking  into  consideration  the  safety 
of  the  motoring  public  and  the  maintenance  of  the  highways 
of  the  state.  Said  committee  shall  consist  of  seventeen  mem- 
bers appointed  as  follows:  three  senators  from  the  public  works 
and  transportation  committee  appointed  by  the  president  of 
the  senate;  five  representatives  appointed  by  the  speaker  of  the 
house;  three  members  representing  the  trucking  industry  ap- 
pointed by  the  governor  and  council;  the  commissioner  of  pub- 
lic works  and  highways,  or  his  designee;  the  director  of  motor 
vehicles,  or  his  designee;  the  manager  of  the  New  Hampshire 
Division  of  the  American  Automobile  Association,  or  his  des- 
ignee; the  attorney  general,  or  his  designee;  the  chairman  of 
the  highway  safety  commission,  or  his  designee;  and  the  direc- 
tor of  legislative  services,  or  his  designee.  The  committee  shall 
elect  one  of  its  members  as  chairman.  The  committee  shall 
make  its  report  of  findings  and  recommendations  for  legislation 


326  House  Journal,  27Mar74 

no  later  than  December  31,  1974.  The  committee  shall  have 
full  power  and  authority  to  require  from  the  several  depart- 
ments, agencies  and  officials  of  the  state  and  its  political  sub- 
divisions, such  data,  information  and  assistance  as  it  may  deem 
necessary  or  desirable  for  the  purposes  of  the  study. 

Rep.  Hamel  explained  the  amendment. 

Amendment  adopted. 

Ordered  to  third  reading. 

SENATE  MESSAGE 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  34,  relative  to  energy  facility  evaluation,  siting,  con- 
struction and  operations  and  providing  for  a  tax  on  refined 
petroleum  products. 

Rep.  Greene  moved  that  the  House  non-concur  in  the 
Senate  amendment  and  that  a  Committee  of  Conference  be 
established. 

Rep.  Greene  explained  her  motion. 

(discussion) 

Rep.  George  B.  Roberts,  Jr.  spoke  in  favor  of  the  motion. 

Adopted. 

The  Speaker  appointed  Reps.  Greene,  George  B.  Roberts 
Jr.,  Nutt,  Woodruff  and  David  J.  Bradley. 

COMMITTEE  REPORTS  CONTINUED 

SB  9 

legalizing  special  town  meetings  in  Wilmont  and  Pittsfield; 
and  the  Seabrook  School  District  meeting.  Ought  to  pass  with 
amendment.  Rep.  Benton  for  Municipal  and  County  Govern- 
ment. 

An  omnibus  bill  to  legalize  certain  town,  fire  district  and 
school  district  meetings  for  assorted  minor  irregularities. 
Also  covers  any  town  or  school  district  meeting  in  which  the 
warrant  was  posted  on  February  19  instead  of  on  February 
18,  1974. 


House  Journal,  27Mar74  327 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  insert- 
ing in  place  thereof  the  following: 

AN  ACT 

legalizing:  certain  special  town  meetings  in  Wilmot, 

Pittsfield,  and  Salem;  1974  annual  town  meetings  in  Rye, 

New  Castle,  Exeter,  Salisbury  and  Brentwood;  the 

Seabrook  and  Gilford  school  district  meetings;  the 

special  Hampton  Falls  school  district  meeting;  the 

Warner  village  fire  district  proceedings;  the 

February  19,  1974  postings  of  March  5,  1974  town  and 

school  meetings;  and  a  special  town  meeting  and  the 

1974  annual  town  meeting  in  Enfield. 

Amend  the  bill  by  striking  out  all  after  section  10  and  in- 
serting in  place  thereof  the  following: 

1 1  Town  of  Brentwood.  All  acts,  votes  and  proceedings  of 
the  annual  town  meeting  of  Brentwood  held  on  March  5,  1974 
are  hereby  legalized,  ratified  and  confirmed. 

12  Town  of  Salem.  The  vote  of  the  town  of  Salem  passed 
March  10,  1973  authorizing  the  borrowing  of  one  million  nine 
hundred  thousand  dollars  for  the  expansion  of  the  municipal 
sewerage  system  is  hereby  legalized,  ratified,  and  confirmed  in 
all  respects,  and  the  selectmen  of  the  town  are  authorized  to 
issue  one  million  nine  hundred  thousand  dollars  in  bonds  or 
notes  for  such  purposes  under  the  Municipal  Finance  Act. 

13  Town  of  Enfield.  All  acts,  votes  and  proceedings  of  the 
special  town  meeting  held  in  the  town  of  Enfield  on  January 
18,  1974  and  all  acts,  votes  and  proceedings  of  the  annual  town 
meeting  of  the  town  of  Enfield  held  on  March  5,  1974  are  here- 
by legalized,  ratified  and  confirmed. 

14  Gilford  School  District.  All  acts,  votes  and  proceedings 
of  the  annual  district  meeting  of  the  Gilford  school  district 
held  on  March  19,  1974  are  hereby  legalized,  ratified  and  con- 
firmed. 

15  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 
Amendment  adopted. 

Ordered  to  third  reading. 


328  House  Journal,  27Mar74 

SENATE  MESSAGE 

CONCURRENCE  HB  WITH  SENATE 
AMENDMENT 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public,  and  making  an  appro- 
priation therefor. 

Rep.  Chase  moved  that  the  House  non-concur  in  the  Senate 
amendment  and  that  a  Committee  of  Conference  be  established. 

Rep.  Hoar  explained  the  amendment. 

(discussion) 

Adopted. 

The  Speaker  appointed  Reps.  Zachos,  Hoar,  Bigelow,  An- 
thony Stevens  and  Coutermarsh. 

COMMITTEE  REPORTS  CONTINUED 

SB  23 

relative  to  the  membership  of  municipal  planning  boards 
and  providing  for  the  creation  of  cooperative  regional  planning 
commissions.  Ought  to  pass  with  amendment.  Rep.  G.  Win- 
throp  Brown  for  Municipal  and  County  Government. 

RSA  36:5:  Amendment  provides  that  town  planning  board 
members  may  serve  on  any  other  board  or  commission; 
however,  no  more  than  one  planning  board  member  shall 
serve  on  the  same  board  or  commission.  Appointments 
shall  be  made  by  the  selectmen,  upon  recommendation  of 
the  Planning  Board. 

In  cities,  members  of  the  planning  board  may  also  serve  as 
a  member  of  conservation  and  historic  district  commissions; 
however,  no  more  than  one  planning  board  member  shall 
serve  on  the  same  board  or  commission.  Such  appointments 
shall  be  made  by  the  appointing  authority. 

RSA  31:89  and  36-A:3,  as  pertains  to  historic  district  and 
conservation  commissions,  respectively,  are  also  amended 
to  reflect  appointment  of  planning  board  members  to  these 
commissions. 


House  Journal,  27Mar74  329 

Section  II  of  SB  23,  pertaining  to  "regional  planning  com- 
missions," is  deleted  from  the  bill;  a  resolution  to  refer 
section  II,  with  proposed  amendments,  to  interim  study 
by  the  committee  on  Municipal  and  County  Government 
will  be  introduced. 

Effective  date  of  section  I  has  been  amended  to  "sixty  days 
after  passage"  to  allow  municipalities  time  to  effect  changes 
in  board  and  commission  assignments. 

AMENDMENT 

Amend  the  title  of  the  bill  by  striking  out  same  and  in- 
serting in  place  thereof  the  following: 

AN  ACT 

relative  to  the  membership  of  municipal  planning  boards, 

conservation  commissions  and  historic  district  commissions. 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Planning  Board  Membership.  Amend  RSA  36:5  (supp) , 
as  amended,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

36:5  Qualifications  and  Terms  of  Members. 

I.  In  the  case  of  towns,  appointed  members  of  the  plan- 
ning board  may  also  serve  on  any  other  municipal  board  or 
commission  provided  that  no  more  than  one  planning  board 
member  shall  serve  on  the  same  board  or  commission.  In  the 
case  of  cities,  appointed  members  shall  not  hold  any  other 
municipal  office  except  that: 

(a)  One  of  such  appointed  members  may  be  a  member  of 
the  zoning  board  of  adjustment; 

(b)  Either  one  appointed  or  one  ex  officio  member  may 
be  a  member  of  the  conservation  commission,  if  one  exists  in 
the  city,  in  accord  with  RSA  36-A:3; 

(c)  Either  one  appointed  or  one  ex  officio  member  may 
be  a  member  of  the  historic  district  commission,  if  one  exists 
in  the  city,  in  accord  with  RSA  31:89-d. 

II.  The  terms  of  ex  officio  members  shall  correspond  to 
their  respective  official  tenures,  except  in  the  case  of  cities  that 


330  House  Journal,  27Mar74 

the  term  of  the  administrative  official  selected  by  the  mayor 
shall  terminate  with  the  term  of  the  mayor  selecting  him.  The 
term  of  each  appointed  member  shall  be  six  years  in  the  case 
of  nine-member  planning  boards,  five  years  in  the  case  of 
seven-member  planning  boards  and  four  years  in  the  case  of 
five-member  planning  boards,  except  that  the  respective  terms 
of  five  of  the  members  first  appointed  to  a  nine-member  or  a 
seven-member  planning  board  shall  be  one,  two,  three,  four, 
and  five  years;  and  in  the  case  of  five-member  planning  boards 
that  the  respective  terms  of  the  four  members  first  appointed 
shall  be  one,  two,  three,  and  four  years. 

2  Conservation  Commission  Membership.  Amend  RSA 
36-A:3  (supp)  as  inserted  by  1963,  168:1,  as  amended,  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  follow- 
ing: 

36-A:3  Composition  of  Commission.  The  commission  shall 
consist  of  not  less  than  three  nor  more  than  seven  members.  In 
a  town  which  has  a  planning  board,  one  member  of  the  com- 
mission may  be  appointed  from  the  planning  board  by  the 
selectmen,  upon  recommendation  of  the  planning  board,  for 
a  one-year  term.  In  a  city  which  has  a  planning  board,  one 
member  of  the  commission  may  be  appointed  from  the  plan- 
ning board  by  the  mayor,  upon  recommendation  of  the  plan- 
ning board,  for  a  one-year  term.  In  cities,  the  remaining  mem- 
bers shall  be  appointed  by  the  mayor  subject  to  the  provisions 
of  the  city  charter,  and  in  towns  the  remaining  members  shall 
be  appointed  by  the  selectmen.  When  a  commission  is  first  es- 
tablished, terms  of  the  remaining  members  shall  be  for  one, 
two  or  three  years,  and  so  arranged  that  the  terms  of  approxi- 
mately one-third  of  the  members  will  expire  each  year,  and 
their  successors  shall  be  appointed  for  terms  of  three  years 
each.  Any  member  of  a  commission  so  appointed  may,  after 
a  public  hearing,  if  requested,  be  removed  for  cause  by  the 
appointing  authority.  A  vacancy  occurring  otherwise  than  by 
expiration  of  a  term  shall  be  filled  for  the  unexpired  term  in 
the  same  manner  as  an  original  appointment. 

3  Historic  District  Commission  Membership.  Amend  RSA 
31:89-d,  as  inserted  by  1963,  178:1,  by  striking  out  in  line  five 
the  word  "shall"  and  inserting  in  place  thereof  the  following 
(may)   so  that  said  section  as  amended  shall  read  as  follows: 


House  Journal,  27Mar74  331 

31:89-d  Membership;  Qualifications;  Term;  Vacancies.  The 
membership  of  such  commission  shall  consist  of  not  less  than 
five  nor  more  than  seven  members.  All  members  shall  be  resi- 
dents of  the  city  or  town,  and  one  shall  be  a  member  of  the 
board  of  selectmen  or  the  chief  executive  officer  thereof  and 
one  may  be  a  member  of  the  planning  board.  In  determining 
the  qualification  of  a  member  of  said  commission,  the  appoint- 
ing authority  shall  take  into  consideration  his  demonstrated 
interest  and  ability  to  understand,  appreciate  and  promote 
the  purpose  of  this  subdivision.  The  members  of  said  commis- 
sion shall  be  appointed  for  three-year  terms  except  the  initial 
appointments  shall  be  staggered  so  that  subsequent  appoint- 
ments shall  not  recur  at  the  same  time.  Members  of  said  com- 
mission shall  serve  without  compensation  and  shall  serve  no 
more  than  two  successive  terms.  In  the  event  of  a  vacancy  on 
the  commission,  interim  appointments  may  be  made  by  the 
appointing  authority  to  complete  the  unexpired  term  of  such 
position. 

4  Effective  Date.  This  act  shall  take  effect  sixty  days  after 
its  passage. 

Amendment  adopted. 

Ordered  to  third  reading. 

Reps.  Hammond,  G.  Winthrop  Brown  and  King  offered 
a  resolution. 

HOUSE  RESOLUTION 

Resolved  by  the  House  of  Representatives,  That  section 
2  of  Senate  Bill  23  of  the  1974  special  session,  as  passed  by  the 
Senate  on  March  7,  1974,  relative  to  consolidation  of  regional 
planning  commissions  be  referred  for  interim  study  to  the  com- 
mittee on  municipal  and  county  government  in  accordance 
with  RSA17-D;  and 

Be  It  Further  Resolved,  That  the  committee  submit  its 
findings  and  recommendations,  together  with  a  draft  of  any 
proposed  legislation,  to  the  legislature  on  or  before  December 
1,  1974. 

The  clerk  read  the  resolution  in  full. 

Reps.  Hammond  and  Hanson  explained  the  resolution. 

(discussion) 


332  House  Journal,  27Mar74 

Rep.  Pryor  spoke  in  favor  of  the  resolution. 
Resolution  adopted. 

SB  28 

to  establish  standards  of  care  and  treatment  of  alcoholics, 
intoxicated  persons,  and  drug  dependent  people.  Majority: 
Refer  to  an  interim  study  committee;  Rep.  George  E.  Gordon 
for  Public  Health  and  Welfare.  Minority:  Ought  to  pass  with 
amendment.  (Reps.  Sweeney,  Mary  J.  Sullivan,  Copenhaver  and 
Daniell) 

Majority:  Police  Chiefs  Association  recommended  num- 
erous amendments  to  the  bill,  none  of  which  were  proposed 
during  executive  session.  Federal  funding  is  purely  specu- 
lative, because  federal  legislation  is  pending  in  Washing- 
ton. 

Minority:  There  has  been  a  tremendous  need  for  this  kind 
of  legislation  for  many  years  and  we  feel  this  should  be 
enacted  immediately. 

Rep.  Sweeney  moved  that  the  report  of  the  minority,  ought 
to  pass  with  amendment,  be  substituted  for  the  majority  report, 
refer  to  an  interim  study  committee,  and  spoke  in  favor  of  his 
motion. 

(discussion) 

Rep.  Sweeney  subsequently  withdrew  his  motion. 

Rep.  Daniell  moved  that  the  words,  ought  to  pass  with 
amendment,  be  substituted  for  the  majority  report,  refer  to  an 
interim  study  committee,  and  spoke  in  favor  of  his  motion. 

The  clerk  read  the  amendment  in  full. 

Rep.  Daniell  explained  his  amendment. 

(discussion) 

Reps.  Donalda  K.  Howard,  Helen  F.  Wilson,  Haller  and 
George  E.  Gordon  spoke  against  the  motion. 

Point  Of  Order 
Rep.  Harvell  rose  on  a  point  of  order. 


House  Journal,  27Mar74  333 

Reps.  Mary  J.  Sullivan  and  Griffin  spoke  in  favor  of  the 
motion. 

Rep.  William  P.  Boucher  spoke  against  the  motion. 

Motion  lost. 

SB  28  referred  to  an  interim  study  committee. 

COMMITTEE  REPORTS  CONTINUED 

SB  1 

providing  for  open  and  honest  political  campaigns  in  New 
Hampshire  by  requiring  greater  accountability  and  full  dis- 
closure of  campaign  contributions  and  expenditures;  and  pro- 
tecting party  loyalty  by  disqualifying  defeated  primary  candi- 
dates from  being  nominated  by  petition  under  certain  circum- 
stances. Ought  to  pass  with  amendment.  Rep.  Chase  for  Statu- 
tory Revision. 

Amends  campaign  financing  laws. 

Rep.  Chase  explained  the  amendment. 

Rep.  Sayer  moved  that  the  words,  inexpedient  to  legislate, 
be  substituted  for  the  committee  report,  ought  to  pass  with 
amendment,  and  spoke  in  favor  of  the  motion. 

(discussion) 

Rep.  Spirou  spoke  in  favor  of  the  committee  amendment. 

Rep.  Zachos  spoke  against  the  motion. 

Rep.  Richard  L.  Bradley  spoke  in  favor  of  the  motion. 

Reps.  Orcutt  and  Normand  non-spoke  in  favor  of  the  mo- 
tion. 

Rep.  Albert  C.  Jones  moved  that  SB  1  be  referred  to  a  joint 
committee  for  interim  study. 

Rep.  Jones  explained  his  motion. 

Rep.  Chase  spoke  in  favor  of  the  motion. 

Rep.  Pryor  moved  the  previous  question. 

Sufficiently  seconded. 

SB  1  referred  to  Interim  Study  Committee  to  report  back 
to  the  1975  session. 


334  House  Journal,  27Mar74 

SUSPENSION  OF  RULES 

Rep.  George  B.  Roberts,  Jr.  moved  that  the  Rules  of  the 
House  be  so  far  suspended  as  to  place  the  following  Senate  Bills 
and  SJR  on  third  reading  and  final  passage  by  title  only  at  the 
present  time. 

Adopted  by  the  necessary  two-thirds. 

Third  reading  and  final  passage 

SJR  3,  establishing  a  committee  to  study  highway  safety 
and  motor  vehicle  weight,  length  and  width  requirements. 

SB  26,  providing  for  retirement  benefits  for  supreme  and 
superior  court  justices. 

SB  9,  legalizing:  certain  special  town  meetings  in  Wilmot, 
Pittsfield,  and  Salem;  1974  annual  town  meetings  in  Rye,  New 
Castle,  Exeter,  Salisbury  and  Brentwood;  the  Seabrook  and 
Gilford  school  district  meetings;  the  special  Hampton  Falls 
school  district  meeting;  the  Warner  village  fire  district  proceed- 
ings; the  February  19,  1974  postings  of  March  5,  1974  town  and 
school  meetings;  and  a  special  town  meeting  and  the  1974 
annual  town  meeting  in  Enfield. 

SB  23,  relative  to  the  membership  of  municipal  planning 
boards,  conservation  commissions  and  historic  district  com- 
missions. 

SENATE  MESSAGE 

CONCURRENCE 

SB  7,  relative  to  capital  improvements  to  the  Mount  Wash- 
ington Summit  and  making  an  appropriation  therefor. 

SB  26,  providing  for  retirement  benefits  for  supreme  and 
superior  court  justices. 

SJR  3,  establishing  a  committee  to  study  highway  safety 
and  motor  vehicles  weight,  length  and  width  requirements. 

RECESS 

AFTER  RECESS 

QUORUM  COUNT 

273  members  having  answered,  a  quorum  was  declared 
present. 

ENROLLED  BILLS  AMENDMENT 
SB  31,  authorizing  the  cities  of  Berlin  and  Keene  to  ac- 


House  Journal,  27Mar74  335 

quire,  develop  and  operate  industrial  parks  within  each  such 
city  and  to  aid  the  construction  and  expansion  of  industrial 
facilities  within  each  city  by  the  issue  of  revenue  bonds. 

Amend  section  19  of  the  bill  by  striking  out  line  eleven 
and  inserting  in  place  thereof  the  following: 

services,  and  provided  further  that  the  board  of  taxation  shall 
determine, 

The  clerk  read  the  amendment  in  full. 

Amendment  adopted. 

ENROLLED  BILLS  REPORT 

HB  7,  permitting  municipalities  to  establish,  acquire,  main- 
tain and  operate  public  transportation  facilities  in  cooperation 
with  governmental  units  of  adjoining  states;  permitting 
broader  cooperation  in  furnishing  of  municipal  services;  and 
permitting  cities  and  towns  to  appropriate  money  for  group 
homes. 

HB  17,  increasing  the  mileage  rate  for  all  state  employees 
using  privately  owned  passenger  vehicles  and  making  an  ap- 
propriation therefor. 

SB  4,  relative  to  penalties  and  forfeitures  for  noncompli- 
ance with  sewage  and  waste  disposal  rules  and  regulations  of 
the  water  supply  and  pollution  control  commission. 

SB  8,  relative  to  the  distribution  of  testate  property  fol- 
lowing waiver  of  a  will  by  surviving  spouse  and  relative  to  the 
form  of  notice  given  for  termination  of  parental  rights. 

SB  12,  to  further  protect  the  rights  of  mobile  home  owners 
by  requiring  that  mobile  home  park  owners  and  operators 
state  the  rules  and  regulations  of  the  park  in  writing  and  pro- 
vide all  tenants  with  copies  of  the  rules  and  to  encourage  the 
construction  of  mobile  home  parks  by  not  prohibiting  the  so- 
called  "first  sale"  restriction  in  a  new  park. 

HB  13,  repealing  the  termination  date  of  RSA  357-B. 

HB  36,  permitting  the  sale  of  milk  in  three  quart  con- 
tainers. 

HB  37,  to  provide  for  the  repeal  of  the  law  tending  to  pro- 
hibit hitchhiking. 


336  House  Journal,  27Mar74 

SB  22,  establishing  a  study  committee  to  develop  a  plan 
to  provide  public  assistance  to  private  institutions  of  higher 
learning  in  this  state  and  relating  to  the  Lafayette  Regional 
School  District  and  Bethlehem  School  District. 

SB  24,  authorizing  cities  and  towns  to  grant  franchises  for 
cable  television  systems. 

SB  3,  changing  the  compensation  of  certain  state  law  en- 
forcement employees  and  fees  of  witnesses. 

SB  11,  establishing  a  state  historic  preservation  office  and 
making  an  appropriation  therefor. 

SB  20,  providing  for  regulation  of  franchise  agreements 
for  the  sale  of  gasoline  and  requiring  the  posting  of  motor  fuel 
prices. 

HB  21,  relative  to  the  duties  of  the  state  board  of  education 
and  prohibiting  the  expenditure  of  public  moneys  in  non-public 
schools  unless  said  schools  have  program  approval  by  the  de- 
partment of  education,  supervisory  union  accounting  of  federal 
funds  and  establishing  the  office  of  chancellor  of  the  university 
of  New  Hampshire  system. 

Mabel  L.  Richardson 

For  the  Committee. 

CHANGE  CONFERENCE  COMMITTEE 
Rep.  Burleigh  in  place  of  Rep.  Hough  on  HB  4, 

SUSPENSION  OF  RULES 

Rep.  Drake  moved  that  the  rules  of  the  House  be  so  far 
suspended  as  to  permit  the  introduction  of  a  committee  report 
not  previously  advertised  in  the  calendar  on  SB  15,  transferring 
permanent  state  prison  employees  from  group  I  of  the  New 
Hampshire  Retirement  System  to  group  II  or  from  the  State 
Employees'  Retirement  System  to  group  II  and  making  an 
appropriation  therefor. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORTS 

SB  15 

transferring  permanent  state  prison  employees  from  group 


House  Journal,  27Mar74  337 

I  of  the  New  Hampshire  Retirement  System  to  group  H  or 
from  the  State  Employees'  Retirement  System  to  group  II,  and 
making  an  appropriation  therefor.  Inexpedient  to  legislate. 
Rep.  Drake  for  Appropriations. 

Resolution  adopted. 

RECONSIDERATION 

Rep.  Roderick  H.  O'Connor  moved  reconsideration  on 
SB  15,  transferring  permanent  state  prison  employees  from 
group  I  of  the  New  Hampshire  Retirement  System  to  group  II 
or  from  the  State  Employees'  Retirement  System  to  group  II, 
and  making  an  appropriation  therefor. 

and  a  committee  of  conference  be  established. 

Rep.  O'Connor  explained  his  motion. 

Reps.  Nelson,  Spirou,  Gorman,  Zachos  and  Alice  Davis 
spoke  in  favor  of  the  motion. 

Rep.  Fred  E.  Murray  non-spoke  in  favor  of  the  motion. 

Rep.  Frizzell  spoke  against  the  motion. 

Reconsideration  adopted. 

Rep.  Nelson  moved  that  SB  15  ought  to  pass  with  amend- 
ment. 

The  clerk  read  the  amendment  in  full. 

Rep.  Nelson  explained  his  amendment. 

Reps.  Gorman,  Coutermarsh,  McLane,  Spirou  and  Rod- 
erick H.  O'Connor  spoke  in  favor  of  the  amendment. 

Rep.  Scamman  spoke  against  the  amendment. 

Rep.  Drake  explained  the  original  bill. 

Rep.  Spirou  moved  that  SB  15  be  referred  to  the  fiscal 
committee  for  further  study. 

Adopted. 
SB  18 

providing  additional  cost  of  living  increases  for  retired 
members  of  the  N.  H.  Teachers'  Retirement  System,  the  N.  H. 
Policemen's  Retirement  System,  the  N.  H.  Firemen's  Retire- 
ment System,  the  N.  H.  Retirement  System,  and  the  State  Em- 


338  House  Journal,  27Mar74 

ployees  Retirement  System,  and  making  an  appropriation 
therefor;  providing  for  compensatory  contributions  for  inter- 
rupted service;  and  providing  for  an  actuarial  study  of  pre- 
funding  to  be  paid  out  of  escrowed  funds  derived  from  an  in- 
terest assumption  change.  Ought  to  pass  with  amendment. 
Rep.  Drake  for  Appropriations. 

Rep.  McLane  spoke  against  the  amendment. 

Rep.  Weeks  explained  the  amendment. 

Reps.  Roderick  H.  O'Connor,  Drew,  Cushman,  Streeter, 
Cecelia  L.  Winn  and  Coutermarsh  spoke  against  the  amend- 
ment. 

Rep.  Drake  explained  the  committee  report. 

(discussion) 

Reps.  Gerry  F.  Parker  and  Scamman  spoke  in  favor  of  the 
amendment. 

Reps.  Harold  E.  Thomson,  George  E.  Gordon,  Joseph  L. 
Cote,  Brungot,  Tibbetts,  Dawson,  Colby,  King,  Pray,  Myrl  R. 
Eaton,  Chambers,  Normand,  Kincaid,  Peabody,  Nutting,  Alt- 
man,  Simard,  Burke,  Boisvert,  Bowler,  Harvey,  Bouchard,  Say- 
er,  Meserve,  Read,  Gallen,  Hildreth,  Nelson,  James  A.  Hum- 
phrey, Harvell,  Nims,  Scott,  Timothy  K.  O'Connor,  Charles  B. 
Roberts,  Palfrey,  Wuelper,  Sara  M.  Townsend,  Sweeney,  Tripp, 
Allen,  John  T.  Winn,  Spirou,  Murphy,  Barker,  LaRoche,  Ar- 
thur Gagnon,  Fred  E.  Murray,  Cobleigh,  Lamy,  Lessard,  Van 
Loan,  Barlett,  Polak,  Preston,  Ladd,  Ezra  B.  Mann,  Rebecca  A. 
Gagnon,  Duhaime,  Duprey,  McGlynn,  Shea,  Margaret  S.  Cote, 
Paul  McEachern,  Tucker,  Withington,  Dudley,  Plumer,  Don- 
nelly, Burrows,  Rousseau,  Lewko,  Webb  and  Hager,  spoke 
against  the  amendment. 

Rep.  Curran  wished  to  be  recorded  as  voting  "yes"  on  SB 
1 8  as  amended. 

A  division  was  requested. 

33  members  having  voted  in  the  affirmative  and  257  in 
the  negative,  the  committee  amendment  lost. 

Ordered  to  third  reading. 


House  Journal,  27Mar74  339 

RECONSIDERATION 

Roderick  H,  O'Connor  moved  reconsideration  of  SB  18. 
Reconsideration  lost. 

RESOLUTION 

Rep.  Zachos  moved  that  SB  18  be  read  a  third  time  by  this 
resolution  and  that  the  title  be  the  same  as  adopted,  and  that  it 
be  passed  at  the  present  time,  unless  otherwise  ordered  by  the 
House. 

Adopted. 

Third  reading  and  final  passage 

SB  18,  providing  additional  cost  of  living  increases  for  re- 
tired members  of  the  N.  H.  Teachers'  Retirement  System,  the 
N.  H.  Policemen's  Retirement  System,  the  N.  H.  Firemen's  Re- 
tirement System,  the  N.  H.  Retirement  System,  and  the  State 
Employees  Retirement  System,  and  making  an  appropriation 
therefor;  providing  for  compensatory  contributions  for  inter- 
rupted service;  and  providing  for  an  acturial  study  of  prefund- 
ing  to  be  paid  out  of  escrowed  fimds  derived  from  an  interest 
assumption  change. 

RECONSIDERATION 

Rep.  George  B.  Gordon  Jr.  moved  reconsideration  on  SB  1 . 

SB  1,  providing  for  open  and  honest  political  campaigns 
in  New  Hampshire  by  requiring  greater  accountability  and  full 
disclosure  of  campaign  contributions  and  expenditures;  and  pro- 
tecting party  loyalty  by  disqualifying  defeated  primary  candi- 
dates from  being  nominated  by  petition  under  certain  circum- 
stances. 

Reps.  Fred  E.  Murray,  Chase  and  Gerry  F.  Parker  spoke  in 
favor  of  reconsideration.  Nelson,  Albert  C.  Jones  and  Sayer 
spoke  against  reconsideration. 

Reps.  Streeter  and  Chandler  moved  the  previous  question. 

Sufficiently  seconded. 

Adopted. 

A  division  was  requested. 


340  House  Journal,  27Mar74 

It  being  manifestly  in  the  negative  reconsideration  lost. 

RECONSIDERATION 

Rep.  George  B.  Roberts,  Jr.  moved  that  HB  30,  relative 
to  the  civil  commitment  procedures  in  the  probate  courts  and 
detention  and  discharge  procedures  for  the  mentally  ill,  be 
recalled  from  the  Governor  and  that  we  reconsider  our  action 
in  ordering  HB  30  to  third  reading  and  final  passage  and  place 
HB  30  on  second  reading  at  the  present  time. 

Reps.  Daniel  J.  Healy  and  Chandler  spoke  in  favor  of  the 
motion. 

Adopted. 

Rep.  George  B.  Roberts,  Jr.  moved  that  the  House  non- 
concur with  the  Senate  amendment. 

Adopted. 

Rep.  George  B.  Roberts,  Jr.  moved  that  a  committee  of 
conference  be  established. 

Adopted. 

The  Speaker  appointed  Reps.  George  B.  Roberts,  Jr.,  Mc- 
Manus,  Nighswander,  Bednar  and  Dudley. 

AFTER  RECESS 
(Rep.  George  B,  Roberts  in  the  Chair) 

SENATE  MESSAGES 

ACCEDES  TO  REQUESTS  COMMITTEE 
OF  CONFERENCE 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public,  and  making  an  appro- 
priation therefor. 

and   the   President  has  appointed:    Sens.   Trowbridge,   Ferdi- 
nando  and  Claveau. 

HB  34,  relative  to  energy  facility  evaluation,  siting,  con- 
struction and  operations  and  providing  for  a  tax  on  refined 
petroleum  products. 


House  Journal,  27Mar74  341 

and  the  President  has  appointed  Sens.  Porter,  Preston  and  Brad- 
ley. 

HB  24,  permitting  the  use  of  changeable  effective  date  des- 
ignations, such  as  decals,  on  all  motor  vehicles  and  boat  registra- 
tion plates;  authorizing  the  governor  and  council  to  establish 
temporary  speed  laws;  exempting  certain  functions  relative  to 
motor  vehicles  and  highways  from  the  provisions  of  the  admin- 
istrative procedures  act;  and  exempting  the  department  of  fish 
and  game  from  procedural  requirements  of  their  rule  making 
under  Title  XVIII,  until  June  30,  1975. 

and  the  President  has  appointed  Sens.  Roger  Smith,  Claveau, 
and  Porter. 


NONCONCURRENCE  HOUSE  AMENDMENT 
REQUESTS  COMMITTEE  OF  CONFERENCE 

SB  23,  an  act  relative  to  the  membership  of  municipal 
planning  boards  and  providing  for  the  creation  of  cooperative 
regional  planning  commissions. 

The  President  appointed  Sens.  Johnson,  Jacobson  and 
Blaisdell. 

Rep.  Hanson  moved  that  the  House  accede  to  the  request 
for  a  committee  of  conference. 

Adopted. 

The  Speaker  appointed  Reps.  G.  Winthrop  Brown,  Ezra 
B.  Mann,  Hanson,  Burke  and  Timothy  J.  O'Connor. 


SB  9,  legalizing  special  town  meetings  in  Wilmot  and  Pitts- 
field  and  the  Seabrook  School  District  Meeting. 

The  President  appointed  Sens.  Johnson,  Brown  and  Blais- 
dell. 

Rep.  Ezra  B.  Mann  moved  that  the  House  accede  to  the 
request  for  a  committee  of  conference. 

Adopted. 


342  HousF  louRNAL,  27Mar74 

The  Speaker  appointed  Reps.  Benton,  Hammond,  Sununu, 
Ethier  and  Bednar. 


SB  10,  an  act  establishing  a  sire  stakes  program  and  a  stan- 
dardbred  breeders  and  owners  development  agency. 

The  President  appointed  Sens.  Green,  Brown  and  Blais- 
dell. 

Rep.  Drake  moved  that  the  House  accede  to  the  request 
for  a  committee  of  conference. 

Adopted. 

The  Speaker  appointed  Reps.  Drake,  Tirrell,  Read,  Mc- 
Ginness  and  Plourde. 

QUORUM  COUNT 

Rep.  Bednar  requested  a  quorum  count  and  subsequently 
withdrew  his  request. 

SUSPENSION  OF  RULES 

Rep.  Drake  moved  that  the  rules  of  the  House  be  so  far 
suspended  as  to  permit  the  introduction  of  a  committee  report 
not  previously  advertised  in  the  calendar  on  SB  17,  relative  to 
the  New  Hampshire  Port  Authority,  the  construction  of  fishing 
facilities  at  Portsmouth,  Hampton  and  Rye  Harbors,  and  the 
location  of  marine  science  docking  and  related  facilities  for 
the  university  of  New  Hampshire  and  making  an  appropriation 
therefor. 

Adopted  by  the  necessary  two-thirds. 

COMMITTEE  REPORT 

SB  17 

relative  to  the  New  Hampshire  Port  Authority,  the  con- 
struction of  fishing  facilities  at  Portsmouth,  Hampton  and  Rye 
Harbors,  and  the  location  of  marine  science  docking  and  re- 
lated facilities  for  the  university  of  New  Hampshire  and  mak- 
ing an  appropriation  therefor.  Ought  to  pass  with  amendment. 

AMENDMENT 

Amend  the  bill  by  striking  out  section  1  and  inserting  in 
place  thereof  the  following: 


House  Journal,  27Mar74  343 

1  Completion  of  Joint  Study  to  Determine  Feasibility  and 
Cost  of  Project.  The  completion  of  a  study  commissioned 
jointly  by  the  department  of  resources  and  economic  develop- 
ment, the  city  of  Portsmouth  and  tlie  Southeastern  Regional 
Planning  Commission  at  their  expense  shall  be  obtained  to 
determine  the  desirability  of  any  expenditure  for  the  extension 
of  the  Port  Authority  facilities.  Such  a  study  shall  include  but 
not  be  limited  to  consideration  of  warehousing,  cold  storage 
facilities  and  the  nature  of  ownership  and  shall  be  the  basis  of 
a  report  to  be  submitted  to  the  fiscal  committee  of  the  general 
court,  the  public  works  committees  of  the  senate  and  house, 
and  the  governor  and  council  not  later  than  December  1,  1974. 
Further  action  shall  be  the  responsibility  of  the  incoming 
legislature. 

Further  amend  the  bill  by  striking  out  sections  3  and  4 
and  inserting  in  place  thereof  the  following: 

3  Appropriation  for  Fishing  Pier  in  Portsmouth.  The  sum 
of  three  hundred  eight  five  thousand  dollars  is  hereby  appro- 
priated to  the  department  of  resources  and  economic  develof> 
ment  for  capital  improvements  to  be  expended  as  follows: 

I.  Commercial  fishing  pier  and  docking  facility  in  the  city 
of  Portsmouth  on  land  to  be  made  available  by  the  city  of 
Portsmouth  at  a  cost  of  not  more  than  one  thousand  dollars 
per  year  on  a  long  term  basis. 

The  department  of  resources  and  economic  development 
shall  be  empowered  to  charge  reasonable  user  fees.  Fishing  ves- 
sels shall  at  all  times  have  priority  use  of  this  facility. 

II.  In  the  event  the  city  of  Portsmouth  within  a  period  of 
120  days  is  unable  to  certify  its  ability  to  provide  suitable  land 
area  for  the  construction  of  a  fishing  pier  and  support  facilities, 
as  described  herein,  the  sum  of  two  hundred  thousand  dollars  is 
hereby  appropriated  to  the  department  of  resources  and  eco- 
nomic development,  subject  to  governor  and  council  approval, 
for  the  acquisition  of  a  suitable  site.  The  powers  of  eminent 
domain  shall  not  apply  to  the  expenditure  of  this  appropriation. 

4  Appropriation  for  Pier  in  Hampton.  The  sum  of  three 
hundred  fifty  thousand  dollars  is  hereby  appropriated  to  the 
department  of  resources  and  economic  development  for  the 
construction  of  a  fishing  pier  and  recreational  boating  facilities 


344  House  Journal,  27Mar74 

in  Hampton  harbor.  The  department  shall  be  entitled  to  charge 
reasonable  user  fees.  Any  funds  remaining  on  completion  of  this 
project  may  be  used  on  like  facilities  in  Rye  harbor. 

Further  amend  the  bill  by  striking  out  section  6  and  in- 
serting in  place  thereof  the  following: 

6  Bonds  Authorized.  To  provide  funds  for  the  appropria- 
tions made  in  sections  3,  4,  and  5  of  this  act,  the  state  treasurer 
is  hereby  authorized  to  borrow  upon  the  credit  of  the  state  not 
exceeding  the  sum  of  nine  hundred  eighty-five  thousand  dollars 
and  for  said  purpose  may  issue  bonds  and  notes  in  the  name 
and  on  behalf  of  the  state  of  New  Hampshire  in  accordance 
with  the  provisions  of  RSA  6-A. 

Further  amend  the  bill  by  striking  out  section  8  and  in- 
serting in  place  thereof  the  following: 

8  Prohibition  of  Certain  Activities  by  the  Authority. 
Amend  RSA  271 -A  by  inserting  after  section  15  the  following 
new  section: 

271-A:16  Prohibition  of  Certain  Activities.  Notwithstand- 
ing any  other  provisions  of  this  chapter,  the  N.  H.  Port  Au- 
thority shall  not  before  July  1,  1975  exercise  its  authority  to 
construct,  own,  lease,  operate  or  take  any  other  action  with  re- 
spect to  any  pipe-line,  pumping  station,  on-shore  or  off-shore 
loading  facility,  refinery,  bulk  storage  or  transmission  facility 
or  processing  plant  connected  directly  or  indirectly  with  the 
processing  of  oil  or  liquefied  natural  gas  or  liquefied  petroleum 
gases  without  first  obtaining  the  approval  of  the  fiscal  commit- 
tee of  the  general  court  and  the  governor  and  council. 

Rep.  Raymond  explained  the  amendment. 

(discussion) 

Reps.  Parr  and  Cunningham  spoke  in  favor  of  the  amend- 
ment. 

Amendment  adopted. 

Ordered  to  third  reading. 

RESOLUTION 

Rep.  Raymond  moved  that  SB  17,  be  read  a  third  time  by 
this  resolution  and  that  the  title  be  the  same  as  adopted,  and 


House  Journal,  27Mar74  345 

that  it  be  passed  at  the  present  time,  unless  otherwise  ordered 
by  the  House. 

SB  17,  relative  to  the  New  Hampshire  Port  Authority,  the 
construction  of  fishing  facilities  at  Portsmouth,  Hampton  and 
Rye  Harbors,  and  the  location  of  marine  science  docking  and 
related  facilities  for  the  university  of  New  Hampshire  and  mak- 
ing an  appropriation  therefor. 

SUSPENSION  OF  RULES 

Rep.  Drake  moved  that  the  rules  of  the  House  be  so  far 
suspended  as  to  permit  the  introduction  of  a  committee  report 
not  previously  advertised  in  the  calendar  on  SB  2,  to  provide 
fairer  real  estate  taxes  for  the  elderly  through  a  partial  exemp- 
tion from  real  estate  taxes  for  persons  sixty-five  years  of  age  or 
older,  under  certain  circumstances,  and  compensating  cities  and 
towns  for  consequent  loss  of  tax  base  and  making  an  appropria- 
tion therefor,  and  making  certain  revisions  in  the  homeowners' 
exemption  law,  and  to  permit  the  bill  to  be  taken  up  at  the 
present  time. 

Adopted  by  the  necessary  two-thirds. 

(Speaker  in  the  Chair) 

COMMITTEE  REPORT 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
sixty-five  years  of  age  or  older,  under  certain  circumstances, 
and  compensating  cities  and  towns  for  consequent  loss  of  tax 
base  and  making  an  appropriation  therefor,  and  making  cer- 
tain revisions  in  the  homeowners'  exemption  law.  Ought  to 
pass  with  amendment.  Rep.  Drake  for  Appropriations. 

AMENDMENT 

Amend  the  bill  by  striking  out  section  8  and  inserting  in 
place  thereof  the  following: 

8  Appropriation.  There  is  hereby  appropriated  the  sum  of 
five  hundred  thousand  dollars  for  the  fiscal  year  ending  June 
SO,  1975,  to  be  disbursed  to  the  cities  and  towns  pursuant  to 


346  House  Journal,  27Mar74 

RSA  72:42-a.  Said  appropriation  shall  not  be  transferred  or 
expended  for  any  other  purpose.  The  governor  is  authorized 
to  draw  his  warrant  of  said  sum  out  of  any  money  in  the  treas- 
ury- not  othenvise  appropriated. 

The  clerk  read  the  amendment  in  full. 

Reps.  Read,  Hall  and  Nelson  spoke  against  the  amend- 
ment. 

Rep.  Drake  explained  the  amendment. 

Reps.  Stevenson,  Raymond  and  Paul  McEachern  spoke  in 
favor  of  the  amendment. 

Rep.  Raymond  yielded  to  Rep.  Drake  to  answer  questions 

(discussion) 

Reps.  Splaine  and  Sayer  spoke  against  the  amendment. 

(Rep.  Harvell  in  the  Chair) 

Rep.  James  E.  O'Neil  spoke  in  favor  of  the  amendment. 

(discussion) 

(Speaker  in  the  Chair) 

Rep.  George  I.  Wiggins  spoke  in  favor  of  the  amendment. 

Rep.  Curran  wished  to  be  recorded  as  voting  "yes"  on  SB  2 
as  amended. 

Reps.  Withington,  Belair,  Ellis  and  Boisvert  moved  the 
previous  question. 

Sufficiently  seconded. 

Adopted. 

Amendment  adopted. 

Rep.  Splaine  moved  that  SB  2  be  committed  to  interim 
study  by  Ways  and  Means  committee  to  report  to  the  next 
regular  session. 

Motion  lost. 

Rep.  Daniell  moved  that  SB  2  be  indefinitely  postponed 
and  spoke  in  favor  of  the  motion. 

(discussion) 


House  Journal,  27Mar74  347 

Rep.  Belair  spoke  against  the  motion. 

Rep.  Tucker  moved  the  previous  question. 

Sufficiently  seconded. 

Adopted. 

Motion  to  indefinitely  postpone  lost. 

SB  2  ordered  to  third  reading. 

Third  reading  and  final  passage. 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
sixty-five  years  of  age  or  older,  under  certain  circumstances, 
and  compensating  cities  and  towns  for  consequent  loss  of  tax 
base  and  making  an  appropriation  therefor,  and  making  cer- 
tain revisions  in  the  homeowners'  exemption  law. 

ENROLLED  BILLS  REPORT 

SB  7,  relative  to  capital  improvements  to  the  Mount  Wash- 
ing summit  and  making  an  appropriation  therefor. 

SB  26,  providing  for  retirement  benefits  for  supreme  and 
superior  court  justices. 

SB  31,  authorizing  the  cities  of  Berlin  and  Keene  to  ac- 
quire, develop  and  operate  industrial  parks  within  each  such 
city  and  to  aid  the  construction  and  expansion  of  industrial 
facilities  within  each  such  city  by  the  issue  of  revenue  bonds. 

SJR  3,  establishing  a  committee  to  study  highway  safety 
and  motor  vehicle  weight,  length  and  width  requirements. 

SENATE  MESSAGE 

NONCONCURRENCE 
REQUESTS  COMMITTEE  OF  CONFERENCE 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
sixty-five  years  of  age  or  older,  under  certain  circumstances, 
and  compensating  cities  and  towns  for  consequent  loss  of  tax 
base  and  making  an  appropriation  therefor,  and  making  certain 
revisions  in  the  homeowners'  exemption  law.  (Sens.  Downing, 


348  House  Journal,  28Mar74 

Green  and  Spanos;   Reps.  Sayer,  Ferguson,  Hall,  Belair  and 
Belcourt) 

The    President    appointed    Sens.    Downing,    Green    and 
Spanos. 

Rep.  Sayer  moved  that  the  House  accede  to  request  for 
committee  of  conference. 

Adopted. 

The  Speaker  appointed  Reps.  Sayer,  Ferguson,  Hall,  Belair 
and  Belcourt. 

BILLS  PRESENTED  TO  THE 
GOVERNOR 

March  27,  1974 

HB  3,  relative  to  establishment  of  a  food  stamp  program 
and  making  an  appropriation  therefor. 

HB  27,  relative  to  amending  certain  provisions  of  the  Off 
Highway  Recreational  Vehicle  Law,  RSA  269-C. 

HB  32,  relative  to  the  commission  and  taxes  on  pari-mutuel 
pools  at  dog  tracks. 

On  motion  of  Rep.  Roma  A.  Spaulding  the  House  ad- 
journed at  5:29  p.m. 


Thursday,  28Mar74 

The  House  met  at  1 1 :00  o'clock. 

Prayer  was  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Gord,  our  Father,  we  place  before  You  the  needs  of  our 
world  and  the  needs  of  our  hearts.  Bless  us  in  our  doubt  and 
in  our  faith  and  may  our  work  be  for  Your  greater  glory.  Amen. 

PLEDGE  OF  ALLEGIANCE 

Rep.  Carter  led  the  Pledge  of  Allegiance. 


House  Journal,  28Mar74  349 

SENATE  MESSAGES 

NONCONCURRENCE 
REQUESTS  FOR  COMMITTEE  OF  CONFERENCE 

SB  17,  relative  to  the  New  Hampshire  Port  Authority, 
the  construction  of  fishing  facilities  at  Portsmouth,  Hampton 
and  Rye  Harbors,  and  the  location  of  marine  science  docking 
and  related  facilities  for  the  university  of  New  Hampshire  and 
making  an  appropriation  therefor. 

The  President  appointed  Sens.  Foley,  Preston  and  Trow- 
bridge. 

Rep.  Arthur  F.  Mann  moved  that  the  House  accede  to  the 
request  for  committee  of  conference. 

Adopted. 

The  Speaker  appointed  Reps.  Raymond,  John  B.  Goflf, 
Ellis,  Harry  C.  Parker  and  Maynard. 

BILLS  PRESENTED  TO  THE  GOVERNOR 

March  28,  1974 

HB  7,  permitting  municipalities  to  establish,  acquire, 
maintain  and  operate  public  transportation  facilities  in  co- 
operation with  governmental  units  of  adjoining  states;  per- 
mitting broader  cooperation  in  furnishing  of  municipal  ser- 
vices; and  permitting  cities  and  towns  to  appropriate  money  for 
group  homes. 

HB  13,  repealing  the  termination  date  of  RSA  357-B. 

HB  17,  increasing  the  mileage  rate  for  all  state  employees 
using  privately  owned  passsenger  vehicles  and  making  an  ap- 
propriation therefor. 

HB  21,  relative  to  the  duties  of  the  state  board  of  educa- 
tion and  prohibiting  the  expenditure  of  public  moneys  in  non- 
public schools  unless  said  schools  have  program  approval  by 
the  department  of  education,  supervisory  union  accounting  of 
federal  funds  and  establishing  the  office  of  chancellor  of  the 
university  of  New  Hampshire  system. 

HB  36,  permitting  the  sale  of  milk  in  three  quart  con- 
tainers. 


350  House  Journal,  28Mar74 

HB  37,  to  provide  for  the  repeal  of  the  law  tending  to 
prohibit  hitchhiking. 

SB  3,  changing  the  compensation  of  certain  state  law  en- 
forcement employees  and  fees  of  witnesses. 

SB  4,  relative  to  penalties  and  forfeitures  for  noncompli- 
ance with  sewage  and  waste  disposal  rules  and  regulations  of 
the  water  supply  and  pollution  control  commission. 

SB  8,  relative  to  the  distribution  of  testate  property  follow- 
ing waiver  of  a  will  by  surviving  spouse  and  relative  to  the 
form  of  notice  given  for  termination  of  parental  rights. 

SB  11,  establishing  a  state  historic  preservation  office  and 
making  an  appropriation  therefor. 

SB  12,  to  further  protect  the  rights  of  mobile  home  owners 
by  requiring  that  mobile  home  park  owners  and  operators  state 
the  rules  and  regulations  of  the  park  in  writing  and  provide  all 
tenants  with  copies  of  the  rules  and  to  encourage  the  construc- 
tion of  mobile  home  parks  by  not  prohibiting  the  so-called 
"first  sale"  restriction  in  a  new  park. 

SB  20,  providing  for  regulation  of  franchise  agreements 
for  the  sale  of  gasoline  and  requiring  the  posting  of  motor  fuel 
prices. 

SB  22,  establishing  a  study  committee  to  develop  a  plan  to 
provide  public  assistance  to  private  institutions  of  higher  learn- 
ing in  this  state  and  relating  to  the  Lafayette  Regional  School 
District  and  Bethlehem  School  District. 

SB  24,  authorizing  cities  and  towns  to  grant  franchises  for 
cable  television  systems. 

BILLS  SIGNED  BY  THE  GOVERNOR 
March  28,  1974 

HB  12,  conforming  tax  commission  references  in  the  cur- 
rent use  taxation  laws  to  the  revised  revenue  administration 
laws. 

HB  15,  relative  to  redistricting  the  ward  lines  of  the  city 
of  Laconia. 

HB  16,  permitting  public  accountants  and  registered  pro- 
fessional nurses  to  form  professional  associations. 


House  Journal,  2Apr74  35 1 

HB  25,  changing  the  reporting  date  for  the  study  commis- 
sion on  the  problems  of  unemployed  citizens  in  New  Hamp- 
shire. 

SB  19,  specifying  procedures  for  termination  of  residential 
gas  or  electric  services. 

On  motion  of  Rep.  Ainley  the  House  adjourned  at  11:01 
a.m.  to  meet  Tuesday  next  at  1 1  o'clock. 


Tuesday,  2Apr74 


The  House  met  at  1 1:00  o'clock. 


Prayer  was  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Lord,  Our  God,  breathe  Your  spirit  upon  us  in  all 
the  choices  that  we  face  so  that  all  we  do  or  leave  undone  may 
be  done  to  Your  greater  glory.  Through  Christ  our  Lord, 

Amen. 

PLEDGE  OF  ALLEGIANCE 
Rep.  Plourde  led  the  Pledge  of  Allegiance. 

LEAVES  OF  ABSENCE 

Reps.  G.  Winthrop  Brown,  Gary,  Mabel  L,  Richardson 
and  Mary  R.  Roy,  the  day,  illness. 

Reps.  Ruth  L.  Griffin,  Gemmill,  Cunningham  and  Pray, 
the  day  important  business. 

COMMITTEE  OF  CONFERENCE 
CONFEREE  CHANGES 

HB  1,  Rep.  John  W.  Richardson  replaced  by  Rep.  John  E. 
Goff. 

SB  23,  Rep.  G.  Winthrop  Brown  replaced  by  Rep.  Olden. 

HB  31,  Rep.  Coutermarsh  replaced  by  Rep.  Daniell. 


352  House  Journal,  2Apr74 

COMMUNICATIONS 

To  the  Honorable  Members 
of  the  House  of  Representatives 

House  Bill  27,  sponsored  by  Representative  Donald  Gor- 
man of  Derry,  is  one  of  the  best  bills  to  come  before  the  special 
session. 

The  Off-Highway  Recreational  Vehicle  Law,  enacted  last 
year,  took  away  a  basic  right  to  bear  firearms  by  persons  riding 
in  off-highway  vehicles. 

This  act  restores  the  right  to  carry  firearms  so  long  as  they 
are  unloaded.  The  restriction  on  unloaded  firearms  does  not 
apply  to  law  enforcement  officers  carrying  arms  in  the  course 
of  duty,  nor  does  it  apply  to  pistols  carried  under  a  permit. 

I  am  very  pleased  to  be  able  to  sign  this  bill  into  law. 

Meldrim  Thomson,  Jr. 

To  the  Honorable  Members  of 
the  New  Hampshire  General  Court 

I  shall  let  House  Bill  No.  3,  an  act  relative  to  the  estab- 
lishment of  a  food  stamp  program  for  New  Hampshire,  become 
law  without  my  signature. 

The  need  to  consider  food  stamp  legislation  was  one  of 
the  major  reasons  why  I  called  the  Legislature  into  special  ses- 
sion on  March  19. 

The  Federal  government  will  discontinue  the  surplus  food 
program  on  July  1  of  this  year.  Under  that  program,  we  pro- 
vided surplus  food  for  approximately  22,000  people  in  New 
Hampshire.  Most  of  the  food  is  supplied  at  Federal  cost;  how- 
ever, the  operational  cost  of  the  New  Hampshire  Distribution 
Corporation  is  approximately  $220,000  a  year, 

I  urged  the  Legislature  to  consider  a  Granite  State  voucher 
food  program  that  would  cost  the  taxpayers  approximately 
$2i^  million.  It  would  have  provided  vouchers  for  deserving 
recipients  with  which  they  could  have  purchased  food  in  their 
local  stores  without  the  severe  restrictions  placed  on  Federal 
food  stamps. 

This  New  Hampshire  program  would  have  had  the 
unique  value  of  being  operated  through  the  county  commis- 


House  Journal,  2Apr74  353 

sioners  and  town  selectmen  in  the  same  manner  that  the  sur- 
plus food  program  is  administered.  This  would  have  main- 
tained control  at  the  local  level. 

House  Bill  No.  3,  at  a  cost  of  |13^  million  for  the  balance 
of  fiscal  1974  and  all  of  fiscal  1975,  will  be  administered  by 
the  Welfare  Department.  It  will  also  add  98  additional  persons 
to  the  State  payroll. 

Food  stamp  programs  throughout  the  United  States  have 
developed  many  serious  problems.  For  example,  they  are  so 
difficult  to  administer  that  more  than  half  of  the  people  in  the 
nation  who  are  entitled  to  food  stamps  never  bother  to  qualify 
for  them.  The  stamps  are  frequently  misused  by  recipients 
trading  them  off  in  order  to  obtain  cash  or  by  college  students 
using  them  to  finance  their  way  through  school.  We  are  ad- 
vised that,  as  an  example,  one-third  to  one-half  of  all  food 
stamp  recipients  in  Ingham  County,  Michigan,  are  students  at 
Michigan  State  University. 

It  was  because  of  the  possibility  of  abuses  in  the  program 
by  which  the  taxpayers  and  the  honest,  deserving  recipients 
both  suffer  that  we  recommended  House  Bill  No.  3  be 
amended  so  that  overall  control  of  the  program  would  rest  Avith 
Governor  and  Council.  This  amendment  the  Legislature  re- 
jected. 

It  is  obvious  that  we  cannot  leave  the  deserving  recipient 
without  some  food  assistance  after  July  1,  and  for  this  reason 
I  am  permitting  House  Bill  No.  3  to  become  law  without  my 
signature. 

I  plan,  however,  to  delegate  a  member  of  my  staff  to  keep 
in  close  touch  with  this  program  as  administered  by  the  Wel- 
fare Department  and  to  develop  an  in-depth  report  for  the 
Legislature  for  January,  1975.  Thus,  if  abuses  develop,  they  can 
be  corrected.  Moreover,  the  people  will  have  the  benefit  of  a 
full  review  of  the  program  following  the  first  six  months  of 
its  operation. 

Meldrim  Thomson,  Jr. 

To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  am  signing  House  Bill  32  which  increases  the  take  of  the 
State  and  the  dog  track  from  17  to  18  per  cent  on  money  bet  at 
dog  races. 


354  House  Journal,  2Apr74 

This  bill  ^vould  add  about  $500,000  to  the  amount  avail- 
able for  a  division  bet^veen  State  and  Track,  based  upon  the 
number  of  days  of  racing  at  Hinsdale  and  Seabrook  and  the 
average  daily  betting  at  each  track  over  the  period  of  the  past 
year. 

Actually,  the  State  stands  to  gain  if  the  bet  each  racing  day 
does  not  exceed  $150,000.  But  thereafter  the  rate  for  the  State 
per  night  would  decrease  slightly  and  that  of  the  Track  would 
increase.  See  table  set  forth  below. 

NEW  HAMPSHIRE'S  SHARE  TO  DECREASE 


Amount  bet  each 

racing   day 

$100,000 

$150,000 

$200,000 

$250,000 

$300,000 

Current  share 

(RSA  284:23,  Ila) 

32.3% 

32.3% 

37.5% 

40.5% 

43.8% 

Proposed  share 

(HB  32) 

33.4% 

35.1% 

36.1% 

38.8% 

40.7% 

It  has  been  estimated  that  if  the  Seabrook  Track  did  as 
well  or  better  next  year  as  it  has  done  this  year  its  precentage 
of  take  would  increase  by  almost  $400,000  ^vhile  that  of  the 
State  would  only  increase  an  additional  $100,000. 

I  believe  that  this  increase  in  revenue  for  the  Seabrook 
Track  would  be  justified  if  they  will  proceed  Avith  the  planned 
expansion  from  a  present  capacity  of  2,500  patrons  a  night  to 
4,000. 

On  Saturday,  March  30  the  Board  of  Directors  of  Yankee 
Greyhound  Racing,  Inc.  adopted  the  following  resolution  which 
indicates  that  within  30  days  of  the  signing  of  House  Bill  32 
they  will  proceed  with  an  expansion  program  estimated  to  cost 
approximately  $1  million.  It  was  to  encourage  this  expansion 
which  will  result  in  greater  revenue  to  the  State  in  the  long  run 
that  I  signed  the  bill.  The  resolution  is  as  follows: 

"TO  AUTHORIZE  THE  CORPORATION  TO  PRO- 
CEED FORTHWITH  WITH  THE  PLANNED  EX- 
PANSION OF  THE  CORPORATION'S  GREYHOUND 
RACING  FACILITY  AT  SEABROOK,  NEW  HAMP- 
SHIRE, TO  BRING  ABOUT  THE  COMPLETION  OF 
THE  PLANS  AS  RAPIDLY  AS  POSSIBLE,  AND  TO 
ENTER  INTO  A  CONSTRUCTION  CONTRACT 
FOR  THE  COMMENCEMENT  OF  CONSTRUCTION 


House  Journal,  2Apr74  355 

WITHIN    THIRTY   (30)   DAYS    FROM   THE   DATE 
THAT  HOUSE  BILL  32  BECOMES  LAW." 

However  I  do  believe  that  the  Legislature  should  review 
the  percentage  of  the  take  between  Track  and  State  at  its  next 
regular  session. 

The  importance  of  such  a  review  in  order  to  provide  a 
larger  percentage  of  take  for  the  State  of  New  Hampshire  is 
illustrated  by  the  table  set  forth  below  which  indicates  how 
much  higher  the  State  of  Massachusetts  take  is  compared  to  that 
of  New  Hampshire. 
Amount  bet  each 


racing   day 

$100,000 

$150,000 

$200,000 

$250,000 

$300,000 

N.  H.  Current 

share 

32.3% 

32.3% 

37.5% 

40.5% 

43.8% 

Mass.  Current 

share 

36.1% 

36.1% 

40.9% 

43.8% 

46.9% 

Meldrim  Thomson,  Jr. 
The  clerk  read  the  communications  in  full. 
SENATE  MESSAGES 

ADOPTION  COMMMITTEE  OF 
CONFERENCE  REPORT 

HB  29,  relative  to  tuition  payments  for  handicapped  chil- 
dren; amending  the  appropriation  for  same;  defining  a  handi- 
capped child  as  a  person  up  to  the  age  of  twenty-one;  and 
providing  for  educational  and  other  expenses  in  public  institu- 
tions. 

NONCONCURRENCE 
REOUEST  COMMITTEE  OF  CONFERENCE 

SB  27,  to  better  protect  the  safety  of  New  Hampshire  citi- 
zens and  law  enforcement  officers  by  changing  penalties  for 
homicide  in  certain  circumstances. 

The  President  appointed  Sens.  Porter,  Poulsen  and  Down- 
ing on  the  part  of  the  Senate. 

Rep.  Frizzell  moved  that  the  House  accede  to  request  for 
committee  of  conference. 

Adopted. 


356  House  Journal,  2Apr74 

The  Speaker  appointed   Reps.   Currier,   Twigg,   Record, 
Alukonis  and  Hildreth. 


COMMITTEE  OF  CONFERENCE 
REPORT  HB  29 

The  committee  of  conference  to  which  was  referred  House 
Bill  29,  An  Act  relative  to  tuition  payments  for  handicapped 
children;  amending  the  appropriation  for  same;  defining  a 
handicapped  child  as  a  person  up  to  the  age  of  twenty-one;  and 
providing  for  educational  and  other  expenses  in  public  institu- 
tions, having  considered  the  same,  report  the  same  with  the 
following  recommendations: 

That  the  House  recede  from  its  position  of  non-concur- 
rence in  the  Senate  amendment,  and 

That  the  House  concur  in  the  adoption  of  the  Senate 
amendment,  and 

That  the  House  and  Senate  each  pass  the  bill  as  amended 
by  the  Senate. 

Sen.  Green 

Sen.  S.  Smith 

Sen.  Downing 

Conferees  on  the  Part  of  the  Senate 

Rep.  French 

Rep.  Raymond 

Rep.  Rock 

Rep.  Chambers 

Rep.  Cotton 

Conferees  on  the  Part  of  the  House 

At  the  request  of  Reps.  Lawton  and  Nighswander,  Rep. 
French  answered  questions. 

Committee  of  Conference  report  adopted. 


The  committee  of  conference  to  which  was  referred  House 
Bill  4,  'An  Act  providing  supplemental  grants  to  families  with 
dependent  children  and  making  an  appropriation  therefor  and 


House  Journal,  2Apr74  357 

authorizing  flat  grant  payments  for  categorical  assistance',  hav- 
ing considered  the  same,  report  the  same  with  the  following 
recommendation : 

That  the  Senate  recede  from  its  position  in  adopting  its 
amendment  to  the  bill,  and 

That  the  Senate  and  the  House  each  adopt  the  following 
new  amendment  to  the  bill  and  pass  the  bill  as  so  amended: 

Amend  the  bill  by  striking  out  all  after  section  1  and  in- 
serting in  place  thereof  the  following: 

2  Authorizing  Consolidated  Standards,  Except  Shelter 
Standards,  for  Aid  to  Families  with  Dependent  Children. 
Amend  RSA  167:7,  as  amended,  by  striking  out  said  section  an^ 
inserting  in  place  thereof  the  following: 

167:7  Amount  of  Assistance.  The  director  of  the  division  of 
welfare,  department  of  health  and  welfare,  may  establish  con- 
solidated standards  of  assistance,  except  for  shelter,  for  recip- 
ients of  aid  to  families  with  dependent  children  and  shall  deter- 
mine the  amount  of  assistance  to  be  granted  under  this  chapter 
or  RSA  161.  In  regard  to  the  amount  of  assistance  for  shelter 
for  recipients  of  aid  to  families  with  dependent  children,  due 
regard  shall  be  given  to  the  necessary  expenditures  in  each 
case  and  the  conditions  in  each  case  for  the  cost  of  shelter,  mov- 
ing to,  equipping,  and  maintaining  shelter.  The  director  shall, 
however,  have  discretion  to  establish  maximum  levels  of  pay- 
ment for  the  cost  of  shelter,  moving  to,  equipping,  and  main- 
taining shelter,  or  to  pay  a  percentage  of  the  actual  amount  of 
such  costs.  In  the  determination  of  assistance  under  this  chapter 
or  RSA  161,  due  regard  shall  be  given  to  the  income  and  re- 
sources of  recipients  to  the  end  that,  subject  to  legislative  appro- 
priations, recipients  be  enabled  to  subsist  compatibly  with 
deceny  and  health.  The  director  of  the  division  of  welfare  shall 
give  notice  to  and  in  appropriate  cases  consult  with  the  proper 
officials  of  counties,  cities  or  towns  hereby  required  to  con- 
tribute to  the  cost  thereof. 

3  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Sen.  Bradley 

Sen.  McLaughlin 

Sen.  R.  Smith 

Conferees  on  the  Part  of  the  Senate 


358  House  Journal,  2Apr74 

Rep.  McLane 

Rep.  Ferguson 

Rep.  John  B.  Goff 

Rep.  Burleigh 

Rep.  Cote 

Conferees  on  the  Part  of  the  House 

At  the  request  of  Rep.  Chandler,  Rep.  McLane  answered 
questions. 

(discussion) 

Reps.  Brungot,  Joseph  L.  Eaton  and  Spirou  spoke  in  fa- 
vor of  the  committee  of  conference  report. 

Rep.  Lawton  spoke  against  the  committee  of  conference 
report. 

Committee  of  Conference  report  adopted. 


The  committee  of  conference  to  which  was  referred  House 
Bill  No.  2,  'An  Act  making  appropriations  for  capital  improve- 
ments.', having  considered  the  sam.e  report  the  same  with  the 
following  recommendation: 

That  the  House  recede  from  its  position  in  nonconcurring 
Tvith  the  Senate  amendment,  and 

That  the  Senate  recede  from  its  position  in  adopting  its 
amendment  to  the  bill,  and 

That  the  House  and  Senate  each  adopt  the  following  new 
amendment  to  the  bill  and  pass  the  bill  as  so  amended: 

Amend  the  bill  by  striking  out  all  after  the  enacting  clause 
and  inserting  in  place  thereof  the  following: 

1  Appropriation.  The  sums  hereinafter  detailed  in  this  sec- 
tion are  hereby  appropriated  for  the  projects  specified  to  the 
departments,  agencies  and  branches  named: 

I.  Adjutant  General 
Concrete  floor  —  Manchester 

Armory  $50,000 

II.  Administration  and  Control 
(a)  Restore  and  refurbish  legis- 
lative chambers  and  3rd 

floor  of  state  house  $160,000* 


House  Journal,  2Apr74  359 

(b)  Refurbish  exterior  of  state 

house  80,000 

(c)  Renovate  first  floor  toilets  30,000 

(d)  Clean  and  point  exterior- 
state  library  50,000 

(e)  Renovations  to  Purchase  and 

Property  Warehouse  68,000 


Total  Paragraph  II  388,000 

•The  projects  for  which  this  appropriation  is  made  shall,  notwithstanding 
any  statutes  to  the  contrary,  be  under  the  complete  and  sole  control  of  the 
Speaker  of  the  House  and  President  of  the  Senate  jointly,  and  in  the  ex- 
penditure of  said  funds  the  provisions  of  RSA  8  and  RSA  228  shall  not 
apply. 

III.  Aeronautics  Commission 

(a)  Nashua  —  Land  for  ILS  $240,000* 

Less  Federal  180,000 


Net  Appropriation  $60,000 

*Land  to  be  acquired  by  the  city  of  Nashua  under  RSA  423  and  to  be  re- 
imbursed from  these  funds. 

(c)  Lebanon  —  Taxiway  $112,000 

Less  Federal  84,000 


Net  Appropriation  28,000 


Total  Paragraph  III  88,000 

IV.  Education  —  New  Hampshire 
Vocational-Technical  Colleges 
(a)  Nashua 

Automotive  building: 


Engineering 

$45,300 

Construction 

697,500 

Furnishings 

106,400 

Contingencies 

30,000 

Total  Subparagraph  (a) 

(b)  Claremont 

Allied  health  science  building: 

Site 

$35,000 

Engineering 

75,000 

Construction 

1,100,000 

UtiHties 

12,000 

Furnishings 

175,000 

Contingencies 

57,000 

$879,200* 


Total  Subparagraph  (b)  1,454,000* 


360  House  Journal,  2Apr74 

(c)  Laconia 

New  equipment  —  graphic 
arts  presses  and  related 


items 

78,000 

(d)  Berlin 

Automotive  shop  addition 
Baking  kitchen  and  cafeteria 

$143,000 

expansion: 

Engineering,  working  draw- 
ings and  construction 

157,000 

otal  Subparagraph  (d) 

300,000* 

(e)  Manchester 
Library  extension 

225,000 

Total  Paragraph  IV  2,936,200 

*It  is  the  declared  legislative  intent  that  this  shall  be  the  total  cost  of 
completing  this  project  at  this  facility.  No  funds  hereby  appropriated  shall 
be  expended  for  any  other  purpose  except  engineering  costs,  working  draw- 
ings and  plans  until  such  drawings  and  plans  have  been  approved  by  the 
governor  and  council. 

V.  Health  &  Welfare 

(a)  Office  building  —  phase  II  — 
Design,  engineering,  and  work- 
ing drawings  to  be  ready  for 

1975  Legislative  Session  $655,000 

(b)  N.  H.  Home  for  the  Elderly 

(Glencliff)  —  Laundry  83,600 

(c)  N.  H.  Hospital 

(1)  Reline  fuel  oil  tanks  $18,000 

(2)  Equipment  for  main 

building  kitchen  25,000 

(3)  Plumbing,  renovation, 
etc.  in  south  side 

main  building  69,000 

(4)  Plumbing,  renovation, 
etc.  in  north  side 

main  building  86,000 

(5)  Dolloff  building  —  reno- 
vate to  life  safety  code, 

etc.  80,500 

(6)  Reconstruction  and  reno- 
vation of  Tobey,  Thayer, 
Brown,  and  Walker  buildings  — 

A.  Design  and  engineer- 
ing all  four  buildings  300,000 


House  Journal,  2Apr74  361 


B.  Reconstruction  and 
renovation  of  Tobey 
building  complete: 


Construction 

823,400 

Contingencies 
Equipment 

100,000 
40,000 

Total  Subparagraph  (c) 

(d)  Laconia  State  School  and 

Training  Center 

(1)  Laundry  equipment 

$55,000 

(2)  Dairy  barn  conversion 

(own  forces) 
(3)  Renovate  electrical 

30,000 

entrance  and  outside 

wiring  phase  I 

132,000 

1,541,900 


Total  Subparagraph  (d)  217,000* 

•Authority  is  hereby  granted  to  sell,  dispose  or  remove,  at  no  cost,  the  silo 
at  the  Laconia  State  School  and  Training  Center.  Any  revenue  derived 
from  its  sale  or  removal  shall  be  deposited  in  the  general  funds  of  the 
state. 
Total  Paragraph  V  2,497,500 

VI.  New  Hampshire  Youth  Development 
Center  —  acquisition  of  one 
youth  residential  center  located 
off  the  present  property  but  with- 
in the  Manchester  area.  $125,000* 
Spaulding  Cottage  renovation  55,000 


*This  appropriation  shall  be  reduced  by  any  available  federal  funds. 
Total  Paragraph  VI  180,000 

VII.  Liquor  Commission 

Addition  to  Portsmouth  store  No.  38  345,000 

VIII.  Department  of  Resources  and 
Economic  Development 

(a)  Removal  and/or  relocation  and/ 
or  reconstruction  of  miscellan- 
eous department  buildings  in- 
cluding the  following: 

State  Forest  Nursery  — 

Gerrish;  Laconia  State  School 

—  Laconia;  Odiorne  Point 

State  Park  —  Rye;  Ragged  Neck 

Sate  Park  —  Rye;  Coleman 

State  Park  —  Stewartstown  $75,000 

Less  federal  funds  10,000 


Net  state  appropriation 

Subparagraph  (a)  $65,000 


362  House  Journal,  2Apr74 

(b)  Division  of  Resources 

Land  acquisitions  $75,000 

Less  federal  funds  37,500 


Net  $37,500 

Administrative  costs 

necessary  to  acquire  land  5,000 


Net  state  appropriation 

Subparagraph  (b)  $42,500 

(c)  Division  of  Parks 

(1)  Land  Acquisition  — 
Recreation  trails,  ease- 
ments, rights-of-way  $20,000 
Title  work,  surveys,  pro- 
rata taxes  (No  Federal 

Match)  5,000 

(2)  Engineering  and  construction 

A.  Bear  Brook  —  new  water 

supply  49,000 

B.  Franconia  —  phase  II  show- 
making,  novice  slope 

development  95,000 

C.  Greenfield  —  construct 
shower  building  and  ex- 
pand parking  and  picnic 

area  56,000 

D.  Odiorne  Point  — -  planning 
and  design,  and  site  im- 
provement 15,000 

E.  Pawtuckaway  —  sewage  dump- 
ing station,  new  toilet 

building  40,000 

F.  Fort  Constitution  —  re- 
construction, and  renova- 
tion 25,000 

G.  Robert  Frost  Homestead  — 
renovation,  reconstruction 
and  apartment  facility  for 
caretaker 

Living  quarters  15,000 

Architect  Fees  (not  to  ex- 
ceed this  amount)  5,000 
Basic  structural  renova- 
tion                                                                    10,000 


Total  Subparagraph  (c)  $335,000 

Less  federal  funds  137,500 


Net  state  appropriation 

Subparagraph  (c)  197,500 


House  Journal,  2Apr74  363 

(d)  Capital  Construction  Projects 
—  5  year  Bonds 
Franconia  Notch  state  park  — 
installation  of  new  tramway 
cables;  then  repair  electri- 
cal and  mechanical  drive  $180,000 


Total  Paragraph  VIII  485,000 

IX.  Department  of  Safety 

(a)  Office  building 

(1)  Preliminary  site  evaluation  $10,000* 

(2)  Engineering  and  working 

drawings  240,000** 

(b)  Safety  services 

Rebuild  Winnipesaukee  boat 

house  and  dock  facility  35,000 

(c)  State  police 
Renovate  radio  station 

and  building  8,000 


Total  Paragraph  IX  293,000 

*Any  balance  remaining  in  this  appropriation  after  the  purpose  for  which 
the  same  is  made  has  been  completed  shall  be  transferred  to  the  appro- 
priation made  by  subparagraph  (2)  of  this  paragraph. 

**None  of  these  funds  shall  be  expended  until  the  joint  office  space  study 
committee  established  pursuant  to  1970,  29:4  approves  the  site  or  sites 
relative  to  which  the  planning  and  engineering  studies  shall  be  directed, 
and  provided  that  all  such  sites  shall  be  located  only  on  state-owned  land. 

X  Veteran's  Home 

Nursing  care  unit  $2,337,500 

Less  federal  funds  1,519,375 


Net  state  appropriation  Paragraph  X  818,125* 

*It  is  the  declared  legislative  intent  that  this  shall  be  the  total  completion 
cost  for  this  project.  No  funds  hereby  appropriated  shall  be  expended  for 
any  other  purpose  except  engineering  costs,  working  drawings  and  plans 
until  such  drawings  and  plans  have  been  approved  by  the  governor  and 
council. 

XI.  State  Prison 
Improvements  and  repairs  as 
follows:  replacing  windows 
(main  cell  block),  renovate 
heating  (main  cell  block),  new 
roofs  on  hospital  and  old  boiler 
room.  No.  1  boiler  conversion  burn- 
er, toilets  for  annex,  renovate 
annex,  maximum  security  cells  in 
old  hospital  area  275,900 


364  House  Journal,  2Apr74 

XII.  Water  Resources  Board  —  Repairs, 
reconstruction  and  rebuilding 

of  dams. 

(a)  Union  Meadows  $43,320 

(b)  Kingswood  Lake  53,420 

(c)  Glen  Lake  151,620 

(d)  Howe  Reservoir  29,640 

(e)  Winnisquam  Lake  114,000 

Total  Paragraph  XII  392,000 

XIII.  Water  Supply  and  Pollution 
Control  Commission 
Regional  waste  treatment  plant 

Winnipesaukee  River  Basin  $20,086,000 

Less  federal  funds  15,064,500 

Less  local  funds  1,004,300 


Net  state  appropriation  Pargraph  XIII  4,017,200 

XIV.  Public  Works  and  Highways, 
Division  of 

Contractual  maintenance  projects: 
5  year  bonds 

New  Hampshire  Hospital 
Concord,  N.  H. 

(a)  Overhauling  elevators  $40,000 

(b)  Reinsulate  warehouse  freezer  12,000 


Total  Paragraph  XIV  52,000 


Total  state  appropriation  Section  1  $12,817,925 

2  Appropriation,  University  of  New  Hampshire.  The  sums 
hereinafter  detailed  in  this  section  are  hereby  appropriated  for 
the  projects  specified;  inckiding  but  not  limited  to  the  pur- 
chasing, constructing,  furnishing  and  equipping  thereof,  to 
the  trustees  of  the  University  of  New  Hampshire  system: 

I.  Merrimack  Valley  Branch 
(a)  Development  of  outside 


utilities 

(b)  Construction  of  first 
building 

(c)  Design  and  working  drawings 
of  second  building 

$3,750,000 

1,668,000 

175,000 

Total  Paragraph  I 
II.  Keene  Campus 

Renovation  of  former  Elliot 

Hospital 

$5,593,000^ 
700.000' 

House  Journal,  2Apr74  365 

III.  Plymouth  Campus 

New  academic  building  complete  4,000,000** 

IV.  Durham  Campus 
Complete  renovation  of  James, 
Morrill,  Murkland,  and  Kingsbur)- 
Halls  to  conform  with  N.  H.  Life 

Safety  Code  486,000** 

V.  All  Campuses 

Phase  I  of  installation  of  fire 

detection  system  in  various 

buildings  to  comply  with  N.  H. 

Life  Safety  Code  82,000** 

VI.  Snively  Arena  —  Fire  doors,  safety 
lights  and  devices  to  meet  Life 

Safety  Code  18,000** 

Total  state  appropriation  Section  2  $10,879,000 

*These  funds  shall  not  be  transferred  or  used  for  any  other  purposes  and 
the  following  guidelines  are  the  intent  of  the  general  court:  (1)  repairs  to 
roofs:  (2)  repairs  to  heating  equipment  and  utilities  to  meet  minimum 
applicable  life  safety  code  standards;  (3)  minimum  alterations  required  to 
make  usable  buildings  for  administrative  and  academic  purposes. 
**These  funds  shall  not  be  transferred  or  used  for  any  other  purposes. 

3  Appropriation;  Self-Liquidating.  The  sum  of  two  million 
one  hundred  eighty-three  thousand  dollars  is  hereby  appro- 
priated for  the  purpose  of  constructing,  furnishing,  and  equip 
ping  housing  and  dining  facilities  and  utilities  at  the  University 
of  New  Hampshire  as  follows: 

Durham  Dormitory 

Construction  $2,040,000** 

Furnishings  and  equipment  143,000* 


Total  Section  3  $2,183,000 


*5  year  bonds. 
**30  year  bonds. 


4  Expenditures,  General.  The  appropriation  made  for  the 
purposes  mentioned  in  sections  1,13  and  29,  and  the  sums  avail- 
able for  those  projects,  shall  be  expended  by  the  trustees,  com- 
mission, commissioner,  or  department  head  of  the  institutions 
and  departments  referred  to  herein,  provided  that  all  contracts 
for  projects  and  plans  and  specifications  therefor,  shall  be 
awarded  in  accordance  with  the  provisions  of  RSA  228. 

5  Expenditures,  University  of  New  Hampshire. 

I.  The  appropriations  made  for  the  purposes  mentioned  in 
sections  2  and  3  and  the  sums  available  for  these  projects  shall 


366  House  Journal,  2Apr74 

be  expended  by  the  trustees  of  the  University  of  New  Hamp- 
shire. All  contracts  for  the  construction  of  all  or  any  part  of  said 
building  or  facilities  shall  be  let  only  after  competitive  sealed 
bids  have  been  received  and  only  after  an  advertisement  calling 
for  such  bids  has  been  published  at  least  once  in  each  of  two 
successive  calendar  weeks  in  a  newspaper  of  general  circulation 
in  New  Hampshire  or  in  a  trade  journal  known  to  be  circulated 
among  the  contractors  from  whom  bids  will  be  sought  with 
the  state  of  New  Hampshire  or  elsewhere  in  the  area.  The  first 
publication  of  such  advertisement  shall  be  not  less  than  thirty 
days  prior  to  the  date  the  bids  will  be  received.  All  conditions 
considered,  wherever  possible,  it  is  recommended  that  the  ser- 
vice of  New  Hampshire  architectural  and  construction  firms  be 
considered  within  the  discretion  of  the  trustees. 

II.  Availability  of  Appropriation.  The  appropriations  made 
in  sections  2  and  3  are  available  for  all  costs  incidental  to  the 
erection,  furnishing,  and  equipping  of  these  facilities  including 
the  necessary  extension  of  utilities  and  includes  the  cost  of  the 
services  of  architects,  engineers,  and  other  consultants  of  such 
kind  and  capacity  as  the  university  board  of  trustees  may,  in  its 
discretion,  wish  to  employ  on  such  terms  and  conditions  as  the 
board  determines,  and  include  the  cost  of  furnishing  and  equip- 
ping the  facilities  with  moveable  equipment  and  furnishings 
not  affixed  to  the  buildings,  and  which  are  not  listed  in  the 
specifications  approved  for  implementation  of  the  construction 
plans.  These  monies  shall  be  spent  under  the  direction  of  the 
university  board  of  trustees. 

III.  Rejection  of  Low  Bids.  If,  in  the  judgment  of  the  trus- 
tees of  the  university,  just  cause  exists  indicating  the  lowest 
bid  should  be  rejected,  then  the  contract  may  be  awarded  to 
the  next  lowest  bidder,  or  if  the  next  lowest  bid  should  be  re- 
jected, the  contract  may  be  awarded  to  the  third  lowest  bidder. 

IV.  Rejection  of  All  Bids.  The  board  of  trustees  of  the 
university  has  the  right  to  reject  any  and  all  bids  and,  if  the 
lowest  bid  is  in  excess  of  the  appropriation,  the  board  has  the 
right  to  negotiate  with  the  low  bidder  or  with  the  three  lowest 
bidders  for  a  contract  for  the  construction  upon  terms  consid- 
ered most  advantageous  to  the  imiversity.  If  only  one  bid  is  re- 
ceived, the  board  of  trustees  may  negotiate  a  contract  for  the 
construction  on  terms  considered  most  advantageous  to  the 
university  and  to  the  state.  Any  authorization  contained  in  this 


House  Journal,  2Apr74  367 

act  which  is  at  variance  Avith  the  requirements  of  applicable 
federal  law  and  regulations  shall  be  controlled  by  the  terms  of 
the  federal  law  and  regulations. 

6  Land  Acquisition.  Any  land  acquired  under  the  appro- 
priations made  in  sections  1  and  13,  except  such  land,  if  any,  as 
may  be  acquired  under  the  appropriation  for  water  resources 
board,  shall  be  purchased  by  the  commissioner  of  public  works 
and  highways,  with  the  approval  of  governor  and  council. 

7  Bonds  Authorized.  To  provide  funds  for  the  total  of  the 
appropriations  of  state  funds  made  in  sections  1,  2,  3  and  29  of 
this  act,  the  state  treasurer  is  hereby  authorized  to  borrow  upon 
the  credit  of  the  state  not  exceeding  the  sum  of  twenty-five  mil- 
lion, nine  hundred  seventy-four  thousand,  nine  hundred  twenty- 
five  dollars  and  for  said  purpose  may  issue  bonds  and  notes  in 
the  name  and  on  behalf  of  the  state  of  New  Hampshire  in  ac- 
cordance with  the  provisions  of  RSA  6-A;  provided,  however, 
that  the  bonds  issued  for  the  purposes  of  section  1,  subparagraph 
Vni  (d) ,  paragraph  XIV  and  section  3  (furnishings  and  equip- 
ment $143,000)  of  this  act,  shall  have  a  maturity  date  of  five 
years  from  date  of  issue,  and  provided  further  that  the  bonds 
issued  for  the  purposes  of  section  3  (construction  $2,040,000) 
of  this  act  shall  have  a  maturity  date  of  thirty  years  from  the 
date  of  issue. 

8  Payments.  The  payment  of  principal  and  interest  on 
bonds  and  notes  issued  for  the  projects  in  sections  1,  2,  3,  13  and 
29  shall  be  made  when  due  from  the  general  funds  of  the  state. 

9  Liquidation.  The  state  treasurer  is  authorized  to  deduct 
from  the  fund  accruing  to  the  university  under  RSA  187:24,  or 
appropriation  in  lieu  thereof,  for  each  fiscal  year  such  sums  as 
may  be  necessary  to  meet  interest  and  principal  payments  in 
accordance  with  the  terms  and  conditions  of  the  bonds  or  notes 
issued  for  the  purposes  of  section  2  and  3  hereof. 

10  Powers  of  Governor  and  Council.  The  governor  and 
council  are  hereby  authorized  and  empowered: 

I.  To  cooperate  with  and  enter  into  such  agreements  with 
the  federal  government  or  any  agency  thereof,  as  they  may  deem 
advisable,  to  secure  federal  funds  for  the  purposes  hereof. 

IL  To  accept  any  federal  funds  which  are,  or  become  avail- 
able for  any  project  under  sections  1,  13  and  29  beyond  the 


368  House  Journal,  2Apr74 

estimated  amounts.  The  net  appropriation  of  state  funds  for 
any  project  for  which  such  additional  federal  funds  are  accepted 
shall  be  reduced  by  the  amount  of  such  additional  funds,  and 
the  amount  of  bonding  authorized  by  sections  7  or  14,  which- 
ever is  applicable,  shall  be  reduced  by  the  same  amount. 

11  Transfers.  The  individual  project  appropriations,  as 
provided  in  sections  1,  2,  3,  13  and  29  shall  not  be  transferred 
or  expended  for  any  other  purposes;  provided  that  if  there  is  a 
balance  remaining  after  an  individual  project,  which  is  fully 
funded  by  state  funds,  is  completed,  said  balance  or  any  part 
thereof  may  be  transferred  by  governor  and  council  to  any  other 
individual  project  or  projects,  which  are  also  fully  funded  by 
state  funds,  within  the  same  section. 

12  Reduction  of  Appropriations  and  Bonding  Authority. 
If  the  net  appropriation  of  state  funds  for  any  project  provided 
for  by  sections  1,  2,  3,  13  and  29  is  determined  on  the  basis  of  an 
estimate  of  anticipated  federal,  local  or  other  funds,  and  if  the 
amount  of  such  funds  actually  received  or  available  is  less  than 
said  estimate,  then  the  total  authorized  cost  for  such  project 
and  the  net  appropriation  of  state  funds  therefor  each  shall  be 
reduced  by  the  same  proportion  as  the  proportion  by  which 
federal,  local  or  other  funds  are  reduced.  The  amount  of  bond- 
ing authorized  by  sections  7  or  14,  whichever  is  applicable,  shall 
be  reduced  by  the  amount  that  the  appropriation  of  state  funds 
is  reduced  pursuant  to  this  section. 

13  Water  Resources  Board  Appropriation.  The  sums  here- 
inafter detailed  in  this  section  are  hereby  appropriated  for  the 
projects  specified,  for  capital  improvements  and  long-term  re- 
pairs thereto,  to  the  water  resources  board: 

I.  Baker  River  Watershed  Project 

Sites  6-A,  7,  and  11-A  $2,850,350 

Less  federal  funds  2,158,575 

Less  other  funds  8 1 ,000 


Net  state  appropriation  paragraph  I  $610,775 

IL  Cold  River  Watershed  Project  Site 

6  (jointly  with  state  of  Me.)         $345,700 
Less  other  funds  34,000 

Less  federal  funds  296,000 


Net  state  appropriation  paragraph  II  $15,700 


House  Journal,  2Apr74  369 


III.  Souhegan  River  Watershed 

Site  No.  33  $2,500 

Site  No.  8  40,000 


Total  paragraph  III  $42,500 


Total  state  appropriation  section  13  $668,975 


14  Bonds  Authorized.  To  provide  funds  for  the  total  of  the 
appropriations  made  of  state  funds  in  section  13  of  this  act,  the 
state  treasurer  is  hereby  authorized  to  borrow  upon  the  credit 
of  the  state  not  exceeding  the  sum  of  six  hundred  sixty-eight 
thousand  nine  hundred  seventy-five  dollars  and  for  said  pur- 
poses may  issue  bonds  and  notes  in  the  name  and  on  behalf  of 
the  state  of  New  Hampshire  in  accordance  with  the  provisions 
of  RSA  6-A. 

15  Appropriation  Extension.  The  appropriation  made  to 
the  water  resources  board  by  1971,  559:1,  X,  for  the  specified 
capital  expenditures  shall  be  available  for  expenditure  until 
July  1,  1977. 

16  Certain  Parks  Appropriations  of  1971  Extended.  The 
following  appropriations  to  the  division  of  parks,  for  the  speci- 
fied capital  improvements,  shall  be  available  for  expenditure 
until  July  1,  1977: 

I.  1971,  559:1,  VII,  (1),  (a),  (i) ,  Franconia  Notch  State 
Park,  tramway  cables. 

II.  1971,  559:1,  VII,  (1),  (b),  Berlin  wayside  and  recreation 
area. 

III.  1971,  559:1,  VII,  (1),  (g),  dredging  and  improvements 
of  Hampton  Harbor. 

17  Appropriation  for  Hooksett  Liquor  Store  Extended. 
Amend  1972,  42  by  inserting  after  section  4  the  following  new 
section: 

42:4-a  Appropriation  Extended.  Notwithstanding  any  other 
statute  to  the  contrary  the  appropriation  made  by  this  act  shall 
be  available  for  expenditure  up  to  July  1,  1977. 

18  Aeronautics  Commission.  Amend  the  footnote  in  Laws 
of  1969,  505:1,  III,  as  amended  by  Laws  of  1972,  62:3,  by  adding 


370  House  Journal,  2Apr74 

to  the  footnote  the  following  new  paragraph  (The  provisions 
within  this  footnote  which  appear  prior  to  this  insertion  shall 
not  apply  to  paragraphs  III,  (b)  and  (d),  but  said  appropriations 
shall  be  matched  with  any  applicable  federal  funds  and  shall, 
notwithstanding  the  provisions  of  RSA  9:18,  not  lapse  until 
June  30,  1977.) 

19  Angle  Pond  Appropriation  Increased.  Amend  Laws  of 
1969,  489:3,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

489:3  Expenditure  Authorized.  The  water  resources  board 
is  hereby  authorized  to  expend  a  sum  of  money  not  to  exceed 
thirty  thousand  dollars  for  use  in  acquiring,  repairing  and  main- 
taining the  dam  on  North  River  Pond  in  the  town  of  Notting- 
ham and  the  dam  at  the  outlet  of  Angle  Pond  in  the  town  of 
Sandown  which  shall  be  a  charge  against  the  fund  established 
in  RSA  270:5,  VII. 

20  Pisgah  Road  Appropriation  Reduced  and  Extended. 
Amend  Laws  of  1971,  559:1,  VII,  (1),  (e),  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following: 

(e)  Pisgah  Road  Improvements     $102,500 
Less  federal  funds  40,000 


Total  $62,500* 

*Within  this  appropriation  the  sum  of  $22,500  provides  for 
nonfederal  BOR  participation  projects.  This  appropriation 
shall  not  lapse  until  June  30,  1977. 

21  Reducing  the  Appropriation  for  the  Soldiers*  Home. 
Amend  Laws  of  1971,  559:1,  VIII,  by  striking  out  said  para- 
graph and  inserting  in  place  thereof  the  following: 

VIII.  Soldiers'  Home 

Engineering  Services  —  renovations     2,000 

22  Reducing  the  1971  Capital  Budget  Bonding.  Amend 
Laws  of  1971,  559:8,  as  amended,  by  striking  out  said  section 
and  inserting  in  place  thereof  the  folloAving: 

559:8  Bonds  Authorized.  To  provide  funds  for  the  appro- 
priations made  in  sections  1,  2,  3  and  16  of  this  act,  the  state 


House  Journal,  2Apr74  371 

treasurer  is  hereby  authorized  to  borrow  upon  the  credit  of  the 
state  not  exceeding  the  sum  of  eleven  million  four  hundred  one 
thousand  one  hundred  sixty-five  dollars  and  for  said  purposes 
may  issue  bonds  and  notes  in  the  name  and  on  behalf  of  the 
state  of  New  Hampshire  in  accordance  ^vith  the  provisions  of 
RSA  6-A;  provided,  however,  that  the  bonds  issued  for  the  pur- 
poses of  section  3  of  this  act  shall  have  a  maturity  date  of  thirty 
years  from  the  date  of  issue. 

23  Legislative  Facilities  Committee.  Amend  1973,  368:1  by 
striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

368:1  Committee  Established.  A  joint  committee  on  legis- 
lative facilities  is  hereby  established  for  the  purposes  of  con- 
ducting, supervising  and  coordinating  the  renovating,  rebuild- 
ing, remodeling  or  construction  of  the  state-owned  building 
known  as  the  Old  Post  Office  located  in  Concord,  New  Hamp- 
shire, in  its  sole  discretion  as  it  deems  necessary,  for  hearing 
rooms,  meeting  rooms  and  other  facilities  for  the  use  and  con- 
trol of  the  legislature  and  their  supporting  activities.  Such  com- 
mittee shall  also  conduct,  supervise  and  coordinate  the  planning 
and  construction  of  a  legislative  parking  facility  to  be  located  in 
Concord,  New  Hampshire  for  the  use  and  control  of  the  legis- 
lature and  their  supporting  activities.  The  committee  shall  con- 
sist of  the  president  of  the  senate  and  the  speaker  of  the  house, 
or  their  designees,  the  majority  and  minority  leaders  of  each 
body  and  one  member  of  the  senate  appointed  by  the  president 
of  the  senate  and  one  member  of  the  house  appointed  by  the 
speaker  of  the  house  who  shall  be  members  from  the  office  space 
study  committee;  and  an  additional  member  of  the  senate  ap- 
pointed by  the  president  and  an  additional  member  of  the 
house  appointed  by  the  speaker.  The  committee  shall  meet  as 
required  and  shall  serve  without  compensation;  however,  the 
committee  members  shall  receive  legislative  mileage. 

24  Legislative  Parking  Facility.  Amend  1973,  368:2  by  in- 
serting after  paragraph  IX  the  following  ne^\"  paragraphs: 

X.  The  committee  shall  have  the  authority  to  negotiate  and 
contract  with  the  city  of  Concord  for  the  acquisition  of  land  or 
air  rights  for  the  purpose  of  constructing  a  parking  facility  for 
the  use  of  the  legislature,  and  such  land  or  air  rights  may  be 
acquired  without  the  consent  of  the  governor  and  council. 


372  House  Journal,  2Apr74 

XI.  Notwithstanding  any  other  provisions  of  law  to  the 
contrary,  all  space  in  and  utilization  of  the  legislative  parking 
facility  shall  be  determined  by  the  president  of  the  senate  and 
the  speaker  of  the  house. 

XII.  The  division  of  buildings  and  grounds  within  the  de- 
partment of  administration  and  control  shall  be  responsible 
for  the  maintenance  of  said  parking  facility.  The  superinten- 
dent of  state  buildings  and  grounds  in  consultation  with  the 
comptroller  and  approval  of  the  legislative  facilities  commission 
as  established  by  1973,  368:1,  as  amended,  shall  set  reasonable 
user  fees.  Said  user  fees  collected  shall  be  deposited  ^vith  the 
state  treasurer  as  restricted  revenue  to  be  used  by  the  division  of 
buildings  and  grounds  to  offset  the  cost  of  maintenance. 

25  Appropriation.  Amend  1973,  368  by  inserting  after  sec- 
tion 6  the  following  new  sections: 

368:6-a  Appropriation.  The  sum  of  seven  hundred  seventy 
thousand  dollars  is  hereby  appropriated  for  the  planning  and 
construction  of  a  legislative  parking  facility.  Said  sums  shall  be 
expended  by  the  legislative  facilities  committee.  The  committee 
is  authorized  to  apply  for,  accept  and  expend  federal  and 
private  funds  that  may  be  made  available  for  the  purposes  of 
this  act  and  the  amount  of  state  funds  available  for  said  purposes 
shall  be  reduced  by  the  amount  thereof. 

368:6-b  Bonds  Authorized.  To  provide  funds  for  the  appro- 
priation made  in  section  6-a  of  this  act,  the  state  treasurer  is 
hereby  authorized  to  borrow  upon  the  credit  of  the  state  not 
exceeding  the  sum  of  seven  hundred  seventy  thousand  dollars, 
and  for  said  purpose  may  issue  bonds  and  notes  in  the  name  and 
on  behalf  of  the  state  of  New  Hampshire  in  accordance  with 
the  provisions  of  RSA  6-A. 

26  Powers  of  University  Trustees.  Amend  RSA  187:8,  as 
amended,  by  inserting  after  paragraph  IX  the  following  new 
paragraph: 

X.  To  maintain  and  operate  all  housing  facilities,  dining 
halls  or  other  food  service  facilities,  student  unions,  and  book- 
stores for  students  and  faculty  on  all  campuses  of  the  university 
system  which  are  in  existence  on  the  effective  date  of  this  para- 
graph or  which  may  later  be  constructed  and  to  collect  rents 
from  any  such  housing  facilities. 


House  Journal,  2Apr74  373 

27  Special  Funds  Established.  Amend  RSA  187  by  inserting 
after  section  10  the  following  new  section: 

187:10-a  Special  Funds  for  Self-amortizing  Projects.  The 
trustees  of  the  university  shall  keep  the  income  from  all:  hous- 
ing facilities,  dining  halls  and  other  food  service  facilities,  stu- 
dent unions,  and  bookstores  each  in  a  separate  fund  for  each 
division  or  campus  of  the  university  system.  From  each  such 
fund  shall  be  paid  the  proportionate  part  of  the  annual  interest 
on  the  state  borrowing  for  the  purpose  of  constructing  any  of 
the  four  above-mentioned  particular  facilities  at  the  particular 
division  of  campus,  and  a  like  proportionate  payment  of  in- 
stallments of  principal  as  the  same  become  due  until  such  time 
as  all  obligations  incurred  by  the  state  for  any  of  said  four  facili- 
ties at  any  division  or  campus  have  been  met.  All  operating  and 
maintenance  expenses  of  the  four  above-mentioned  facilities 
shall  be  paid  from  the  applicable  separate  fund  hereby  estab- 
lished. 

28  Repeal.  The  folloAving  statutes  are  hereby  repealed: 

I.  RSA  187:10,  relative  to  dormitory  rentals; 

II.  Laws  of  1967,  394:ll-a,  establishing  special  funds  for 
certain  university  buildings; 

III.  Any  statute  inconsistent  with  the  provisions  of  RSA 
187:8,  X  or  RSA  187: 10-a. 

29  Mount  Sunapee  Snow-making  Feasibility  Study.  The 
sum  of  fifteen  thousand  dollars  is  hereby  appropriated  to  the 
department  of  resources  and  economic  development,  division 
of  parks  to  hire  a  competent  engineering  firm  to  make  the 
necessary  feasibility  study,  both  economic  and  engineering,  for 
the  installation  of  snow-making  equipment  on  all  or  part  of 
Mt.  Sunapee.  Said  study  shall  be  submitted  to  the  fiscal  com- 
mittee of  the  general  court  which  shall  consult  with  the  public 
works  committees  of  both  the  house  and  senate.  If  the  fiscal  com- 
mittee of  the  general  court  finds  that  the  installation  of  snow- 
making  equipment  at  Mt,  Sunapee  is  feasible,  then  there  is 
appropriated  to  the  department  of  resources  and  economic  de- 
velopment, division  of  parks  the  sum  of  eighty  thousand  dollars 
to  obtain  detailed  engineering  plans  for  said  installation. 

30  Electronic  Roll  Call  Committee.  Amend  1973,  592  by 
striking  out  the  first  paragraph  and  inserting  in  place  thereof 
the  following: 


374  House  Journal,  2Apr74 

That  a  special  legislative  committee  is  hereby  established 
to  work  with  the  public  works  division  of  the  department  of 
public  works  and  highways  to  consider  the  various  proposals 
submitted  to  such  division  and  to  decide  which  system  best 
satisfies  the  requirements  of  the  legislature.  Membership  of  the 
committee  shall  consist  of  the  speaker  of  the  house,  the  majority 
and  minority  leaders  of  the  house,  the  chairman  of  the  house 
public  works  committee  and  the  chairman  of  the  house  appro- 
priations committee.  Each  member  may  appoint  designees,  not 
exceeding  two  in  number,  to  serve  in  his  place.  The  committee 
shall  have  the  following  powers  and  duties:  (1)  to  choose  the 
system  within  the  appropriation  allocated  and  provide  for  in- 
stallation and  approval  before  January  1,  1975;  (2)  to  request 
for  an  indefinite  period  the  temporary  assignment  of  any  classi- 
fied or  unclassified  employee  of  the  state  to  assist  the  committee 
in  its  work,  and  such  employee  shall  be  assigned  to  such  tempo- 
rary duty  and  be  under  the  direction  and  supervision  of  the 
committee,  but  shall  continue  to  be  paid  by  the  department  of 
which  he  is  an  employee.  In  carrying  out  its  duties  hereunder, 
the  committee  is  exempted  from  the  provisions  of  RSA  228  and 
RSA  8;  provided,  however,  that  if  it  so  requests,  the  department 
of  public  works  and  highways  and  the  director  of  the  division 
of  purchase  and  property  shall  provide  the  services  of  their  de- 
partments and  follow  the  procedures  provided  for  in  RSA  22€ 
and  RSA  8,  except  that  in  no  case  shall  the  approval  of  governor 
and  council  be  required,  but  instead  the  approval  of  the  com- 
mittee shall  be  sufficient. 

31  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Sen.  Trowbridge 

Sen.  Blaisdell 

Sen.  Sanborn 

Conferees  on  the  Part  of  the  Senate 

Rep.  Arthur  F.  Mann 

Rep.  Daniels 

Rep.  Raymond 

Rep.  Belair 

Rep.  John  B.  Goff 

Conferees  on  the  Part  of  the  House 

At  the  request  of  Rep.  Newell,  Rep.  Raymond  answered 
questions. 

Committee  of  Conference  report  adopted. 


House  Journal,  2Apr74  375 

The  committee  of  conference  to  which  was  referred  House 
Bill  No.  35,  'An  Act  providing  for  twenty  year  retirement  for 
members  of  group  II  under  the  New  Hampshire  Retirement 
System,  permitting  the  transfer  of  members  of  the  New  Hamp- 
shire Firemen's  Retirement  System  and  of  the  New  Hampshire 
Policemen's  Retirement  System  into  the  New  Hampshire  Re- 
tirement System  and  making  an  appropriation  therefor.',  hav- 
ing considered  the  same  report  the  same  with  the  following 
recommendation : 

That  the  House  recede  from  its  position  of  nonconcur- 
rence  with  the  Senate  amendment,  and 

That  the  House  concur  in  the  adoption  of  the  Senate 
amendment,  and 

That  the  House  and  Senate  each  adopt  the  following 
amendment  to  the  bill  and  pass  the  bill  as  so  amended. 

Amend  the  bill  by  striking  out  section  II  of  the  same  and 
inserting  in  place  thereof  the  following: 

1 1  Appropriation.  There  is  hereby  appropriated  the  sum 
of  forty-nine  thousand  dollars  for  the  1975  fiscal  year  repre- 
senting the  state's  share  of  the  cost  of  carrying  out  the  purposes 
of  this  act.  The  governor  is  authorized  to  draw  his  warrant  for 
the  sums  herein  appropriated  from  any  money  in  the  treasury 
not  otherwise  appropriated. 

Amend  the  bill  by  striking  out  section  13  of  same  and  in- 
serting in  place  thereof  the  following: 

13  Effective  Date.  This  act  shall  take  effect  July  1,  1974. 

Sen.  Trowbridge 

Sen.  Green 

Sen.  Blaisdell 

Conferees  on  the  Part  of  the  Senate 

Rep.  Drake 

Rep.  George  B,  Roberts,  Jr. 

Rep.  Coutermarsh 

Rep.  Weeks 

Rep.  Roderick  H.  O'Connor 

Conferees  on  the  Part  of  the  House 


376  House  Journal,  2Apr74 

At  the  request  of  Rep.  Read,  Rep.  Drake  answered  que* 
tions. 

(discussion) 

Rep.  Palfrey  spoke  in  favor  of  the  committee  of  confer- 
ence report. 

Committee  of  Conference  report  adopted. 


The  committee  of  conference  to  which  was  referred  House 
Bill  No.  34,  'An  Act  relative  to  energy  facility  evaluation,  siting, 
construction  and  operations;  providing  for  a  tax  on  refined 
petroleum  products;  and  establishing  an  energy  facility  study 
committee.',  having  considered  the  same  report  the  same  with 
the  following  recommendations: 

That  the  House  recede  from  its  position  of  nonconcurrence 
with  the  Senate  amendment,  and 

That  the  House  concur  in  the  adoption  of  the  Senate 
amendment,  and 

That  the  House  and  Senate  each  adopt  the  following 
amendments  to  the  bill,  and 

That  the  House  and  Senate  each  pass  the  bill  as  amended. 

Amend  RSA  162-H:1  as  inserted  by  section  3  of  the  bill  by 
inserting  at  the  end  of  said  section  the  following  (The  legisla- 
ture also  recognizes  that  it  has  a  broad  responsibility  to  provide 
both  economic  and  environmental  protection  for  its  coastal 
and  estuarine  waters  and  the  adjoining  land  areas.  The  legisla- 
ture therefor  declares  it  to  be  its  policy  that  any  offshore  facility 
other  than  pipelines  shall  be  located  so  as  to  at  least  comply 
with  the  policies  and  guidelines  of  the  Federal  Environmental 
Protection  Agency;  and  that  this  policy  may  be  relaxed  only  if 
it  is  shown  by  clear  and  convincing  evidence  that  there  are  com- 
pelling technological  or  economic  reasons  for  doing  so,  that  no 
feasible  alternative  exists,  and  that  there  will  be  no  substantial 
environmental  risk.)  so  that  said  section  as  amended  shall  read 
as  follows: 

I62-H:l  Declaration  of  Purpose.  The  legislature  recognizes 
that  the  selection  of  sites  for  energy  facilities  will  have  a  signifi- 
cant impact  upon  the  welfare  of  the  population,  the  economic 


House  Journal,  2Apr74  377 

growth  of  the  state  and  the  environment  of  the  state.  The  legis- 
lature, accordingly,  finds  that  the  public  interest  requires  that 
it  is  essential  to  maintain  a  balance  between  the  environment 
and  the  possible  need  for  new  energy  facilities  in  New  Hamp- 
shire; that  undue  delay  in  construction  of  any  needed  facilities 
be  avoided;  that  the  state  insure  that  the  construction  and  oper- 
ation of  energy  facilities  is  treated  as  a  significant  aspect  of 
land-use  planning  in  which  all  environmental,  economic  and 
technical  issues  are  resolved  in  an  integrated  fashion;  and  that 
existing  laws  do  not  provide  adequate  public  review  and  con- 
trol over  the  construction  and  operation  of  energy  facilities. 
The  legislature,  therefore,  hereby  establishes  a  procedure  for 
the  review,  approval,  monitoring  and  enforcement  of  compli- 
ance in  the  planning,  siting,  construction  and  operation  of  ener- 
gy facilities.  The  legislature  also  recogizes  that  it  has  a  broad 
responsibility  to  provide  both  economic  and  environmental 
protection  for  its  coastal  and  estuarine  waters  and  the  adjoining 
land  areas.  The  legislature  therefore  declares  it  to  be  its  policy 
that  any  offshore  facility  other  than  pipelines  shall  be  located  so 
as  to  at  least  comply  with  the  policies  and  guidelines  of  the 
Federal  Environmental  Protection  Agency;  and  that  this  policy 
may  be  relaxed  only  if  it  is  sho^vn  by  clear  and  convincing 
evidence  that  there  are  compelling  technological  or  economic 
reasons  for  doing  so,  that  no  feasible  alternative  exists,  and  that 
there  will  be  no  substantial  environmental  risk. 

Amend  RSA  162-H:4,  H,  as  inserted  by  section  3  of  the 
bill,  by  striking  out  in  line  twenty-three  the  word  "five"  and  in- 
serting in  place  thereof  the  following  (seven)  so  that  said  para- 
graph as  amended  shall  read  as  follows: 

II.  The  committee  shall  incorporate  in  any  permit  issued 
hereunder  such  terms  and  conditions  as  may  be  specified  to  the 
committee  by  any  of  such  other  state  agencies  as  have  jurisdic- 
tion, under  state  or  federal  law,  to  regulate  any  aspect  of  the 
construction  or  operation  of  the  proposed  facility;  provided, 
however,  the  committee  shall  not  issue  any  permit  hereunder  if 
any  of  such  other  state  agencies  denies  authorization  for  the 
proposed  activity  over  which  it  has  jurisdiction.  The  denial  of 
any  such  authorization  shall  be  based  on  the  record  and  ex- 
plained in  reasonable  detail  by  the  denying  agency.  Notwith- 
standing any  other  provision  of  law,  the  application  required  by 
RSA  162-H:6  shall  be  in  lieu  of  all  applications  otherwise  re- 


378  House  Journal,  2Apr74 

quirable  by  any  of  such  other  state  agencies.  Further  notwith- 
standing any  other  provision  of  law,  the  hearing  conducted 
under  RSA  162-H:8  shall  be  a  joint  hearing  with  such  other 
state  agencies  and  shall  be  in  lieu  of  all  hearings  otherwise  re- 
quirable  by  any  of  such  other  state  agencies,  provided,  however, 
if  any  of  such  other  state  agencies  does  not  otherwise  have  au- 
thority to  conduct  hearings,  it  may  not  join  in  the  hearing 
under  this  chapter;  provided  further,  however,  the  ability  or  in- 
ability of  any  such  other  state  agencies  so  to  join  shall  not  affect 
the  composition  of  the  committee  under  RSA  I62-H:3  nor  tlie 
ability  of  any  member  of  the  committee  to  act  in  accordance 
with  this  chapter.  Subject  to  RSA  162-H:6,  III,  but  notwith- 
standing any  other  provision  of  law,  each  of  such  other  state 
agencies  shall  make  and  submit  to  the  committee  a  final  decision 
on  such  parts  of  the  application  as  relate  to  its  jurisdiction  not 
later  than  seven  months  after  it  has  received  a  copy  of  such  parts 
in  accordance  with  RSA  162-H:6,  I.  Not^vithstanding  any  other 
provision  of  this  section  or  this  chapter,  each  of  such  other 
state  agencies  shall  retain  all  of  its  powers  and  duties  of  en- 
forcement. 

Amend  RSA  162-H:4,  III,  as  inserted  by  section  3  of  the 
bill,  by  striking  out  said  paragraph. 

Amend  RSA  162-H:7,  I.  (d)  ,  as  inserted  by  section  3  of  the 
bill,  by  striking  out  in  line  one  the  ^v^ord  "his"  and  inserting  in 
place  thereof  the  following  (its') ,  so  that  said  subparagraph  as 
amended  shall  read  as  follows: 

(d)  The  location  or  locations  where  an  applicant  is  to  con- 
duct its  business. 

Amend  RSA  162-H:9,  I,  as  inserted  by  section  3  of  the  bill, 
by  striking  out  said  paragraph  and  inserting  in  place  thereof  the 
following: 

I.  In  order  for  the  committee  to  issue  a  permit  hereunder 
consistent  with  the  provisions  of  RSA  162-H:1,  it  must  find  the 
following: 

Amend  RSA  162-H:9,  I,  (a),  as  inserted  by  section  3  of  the 
bill,  by  inserting  in  line  three  after  the  word  "sites,"  the  follow- 
ing (coastal  and  estuarine  waters,)  so  that  said  subparagraph  as 
amended  shall  read  as  follows: 

(a)  the  proposed  site  and  facility  will  not  unduly  interfere 


House  Journal,  2Apr74  379 

with  the  orderly  development  of  the  region  and  will  not  have 
an  unreasonably  adverse  impact  on  aesthetics,  historic  sites, 
coastal  and  estuarine  waters,  air  and  water  quality,  the  natural 
environment  and  the  public  health  and  safety;  and 

Amend  RSA  162-H:10  as  inserted  by  section  3  of  the  bill, 
by  striking  out  in  line  two  the  word  "twelve"  and  inserting  in 
place  thereof  the  following  (fourteen)  so  that  said  section  as 
amended  shall  read  as  follows: 

162-H:10  Permit  Deadline.  Subject  to  RSA  162-H:6,  III,  a 
permit  shall  be  either  issued  or  denied  by  the  committee  within 
fourteen  months  of  the  date  of  its  receipt  of  the  application  and 
may  contain  such  reasonable  terms  and  conditions  as  it  deems 
necessary  and  may  provide  for  such  reasonable  monitoring  pro- 
cedures as  may  be  necessary.  Such  determinations,  "when  made, 
shall  be  final  and  in  writing  and  subject  only  to  the  provisions 
of  this  chapter. 

Amend  RSA  78-C:2,  I,  as  inserted  by  section  4  of  the  bill, 
by  striking  out  in  line  two  the  words  "one-half"  and  inserting 
in  place  thereof  the  following  (one-tenth),  so  that  said  paragraph 
as  amended  shall  read  as  follows: 

I.  A  tax  is  hereby  imposed  upon  the  refining  of  refined 
petroleum  products  at  the  uniform  rate  of  one-tenth  of  one  per- 
cent on  the  fair  market  value  per  barrel  of  such  products  at  the 
refinery  site,  to  be  paid  by  the  refiner  thereof. 

Amend  the  bill  by  striking  out  all  after  section  4  and  in- 
serting in  place  thereof  the  following: 

5  Energy  Facility  Study  Committee  Established.  There  is 
hereby  established  a  committee  to  study  energy  facilities  and 
related  activities.  The  study  shall  include  but  is  not  limited  to 
energy  facilities  (including  oil  refineries),  siting,  pipelines,  off- 
shore loading  and  unloading  and  the  regional  community  im- 
pact of  energy  facilities  and  related  satellite  petrochemical 
industries.  Said  committee  shall  consist  of  eleven  members 
appointed  as  follows:  two  senators  appointed  by  the  president 
of  the  senate,  three  representatives  appointed  by  the  speaker  of 
the  house,  one  member  from  the  Southeast  Regional  Planning 
Commission,  one  general  economist  appointed  by  dean  of 
Whittmore  School  of  Business,  one  general  biologist  and  one 
engineer  or  technologist,  both  appointed  by  the  president  of  the 


380  House  Journal,  2Apr74 

University  of  New  Hampshire,  and  two  members  of  the  gen- 
eral public,  appointed  by  the  governor.  The  committee  shall 
elect  one  of  its  members  as  chairman.  The  legislative  members 
of  the  committee  shall  be  entitled  to  legislative  mileage  and 
the  department  representatives  on  the  committee  are  authorized 
reimbursement  for  actual  expenses  in  the  performance  of  duties 
connected  with  committee  functions.  The  committee  is  author- 
ized, and  it  is  recommended  that  they  consult  with  the  other 
New  England  states  or  any  committee  therein,  to  define  a  New 
England  plan  for  the  orderly  development  of  oil  refinery  siting 
and  offshore  unloading  facility.  Further  studies  should  include 
consideration  of  the  advantages  and  disadvantages  of  both  pri- 
vate and  publicly  owned  offshore  loading  facilities  and  the  part 
that  the  port  authority  should  play  in  such  a  facility.  The  com- 
mittee is  authorized  to  hold  public  hearings  and  to  receive  the 
support  and  cooperation  of  any  state  agency  as  may  be  required. 
The  committee's  recommendations  and  findings  shall  be  made 
to  the  general  court  by  January  1,  1975. 

6  Energy  Facility  Tax  Study.  The  matter  of  taxation  and 
its  application  to  energy  facilities  (including  oil  refineries), 
shall  be  referred  to  the  standing  ways  and  means  committee  of 
the  senate  and  the  house  for  their  joint  consideration.  Any  re- 
port and  recommendations  shall  be  made  to  the  general  court 
by  January  1,  1975. 

7  Effective  Date.  This  act  shall  take  effect  upon  its  passage. 

Rep.  Greene 

Rep.  Nutt 

Rep.  Roberts 

Rep.  Woodruff 

Rep.  David  J.  Bradley 

Conferees  on  the  Part  of  the  House 

Sen.  Porter 

Sen.  Bradley 

Sen.  Preston 

Conferees  on  the  Part  of  the  Senate 

Committee  of  Conference  report  adopted. 


The  committee  of  conference  to  which  was  referred  House 
Bill  No.  33,  'An  Act  relative  to  the  Winnipesaukee  River  Basin 
Control;  providing  for  continuation  of  the  study  committee  on 


House  Journal,  2Apr74  381 

water  supply  and  pollution  control  commission;  and  establish- 
ing an  interim  committee  to  study  floodplains,'  having  con- 
sidered the  same,  report  the  same  with  the  following  recom- 
mendations: 

That  the  House  recede  from  its  position  of  nonconcurrence 
with  the  Senate  amendment,  and 

That  the  House  concur  in  the  adoption  of  the  Senate 
amendment,  and 

That  the  House  and  Senate  each  adopt  the  following 
amendment  to  the  bill,  and 

That  the  House  and  Senate  each  pass  the  bill  as  so  amend- 
ed. 

Amend  the  bill  by  striking  out  all  after  section  3  of  same 
and  inserting  in  place  thereof  the  following: 

4  Committee  Membership  Enlarged.  Amend  the  laws  of 
1973,  chapter  334,  by  striking  out  all  after  the  resolving  clause 
and  inserting  in  place  thereof  the  following: 

That  there  is  hereby  established  a  special  legislative  com- 
mittee to  study  and  report  on  the  existing  program  and  future 
needs  of  the  water  supply  and  pollution  control  commission. 
The  committee  shall  review  the  efficiency,  economy  and  effec- 
tiveness of  present  procedures,  policies  and  programs  of  the 
commission  ^vith  respect  to  the  handling  of  the  duties  and  func- 
tions assigned  to  it.  The  committee  shall  make  recommendation 
for  any  additional  safeguards,  personnel  and  other  measures 
which  it  deems  necessary  in  order  that  the  commission  may 
carry  out  its  present  and  anticipated  future  responsibilities.  Said 
committee  shall  consist  of  thirteen  members  appointed  as  fol- 
lows: three  senators,  appointed  by  the  president  of  the  senate, 
seven  representatives  of  the  House  committee  on  resources, 
recreation  and  development,  appointed  by  the  speaker  of  the 
house  and  three  members  representing  the  general  public  ap- 
pointed by  the  governor.  The  committee  shall  elect  one  of  its 
members  as  chairman.  The  committee  shall  report  its  findings 
and  recommendations  to  the  general  court  on  or  before  Janu- 
ary 1.5,  1975.  The  committee  shall  have  full  power  and  authority 
to  require  from  the  several  departments,  agencies,  and  officials 
of  the  state  and  its  political  subdivisions,  such  data,  information 
and  assistance  as  it  may  deem  necessary  or  desirable  for  the 


382  House  Journal,  2Apr74 

purposes  of  this  study.  The  ^vater  supply  and  pollution  control 
commission  shall  provide  the  special  committee  with  such  of  its 
rules,  regulations  and  procedures  as  the  committee  may  request, 
together  Avith  the  justification  thereof. 

5  Effective  Date. 

I.  RSA  149-G:6,  II,  as  inserted  by  section  2  of  the  act  shall 
take  effect  on  June  30,  1978. 

II.  The  remainder  of  this  act  shall  take  effect  upon  its 
passage. 

Sen.  Porter 

Sen,  Gardner 

Sen.  Claveau 

Conferees  on  the  part  of  the  Senate 

Rep.  Claflin 

Rep.  Ladd 

Rep.  Oleson 

Rep.  Tilton 

Rep.  Harriman 

Conferees  on  the  part  of  the  House 

Committee  of  Conference  report  adopted. 


The  committee  of  conference  to  which  was  referred  House 
Bill  18,  An  Act  requiring  local  approval  prior  to  approval  of 
site  plans  for  oil  refineries,  having  considered  the  same,  report 
the  same  with  the  following  recommendations: 

That  the  House  recede  from  its  position  of  non-concur- 
rence with  the  Senate  amendment,  and 

That  the  House  concur  in  the  adoption  of  the  Senate 
amendment,  and 

That  the  House  and  Senate  each  pass  the  bill  as  amended 
by  the  Senate. 

Sen.  Porter 

Sen.  Johnson 

Sen.  Preston 

Conferees  on  the  Part  of  the  Senate 


House  Journal,  2Apr74  38- 

Rep.  Hanson 

Rep.  Benton 

Rep.  Ethier 

Rep.  Spirou 

Rep.  Madeline  G.  Townsend 

Conferees  on  the  Part  of  the  House 


Committee  of  Conference  report  adopted. 


SB  17,  relative  to  the  New  Hampshire  Port  Authority,  the 
construction  of  fishing  facilities  at  Portsmouth,  Hampton  and 
Rye  harbors,  and  the  location  of  marine  science  docking 
and  related  facilities  for  the  university  of  New  Hampshire  and 
making  an  appropriation  therefor. 

(Printed  SJ  April  2) 

Rep.  Raymond  explained  the  committee  of  conference 
report. 

(discussion) 

Committee  of  Conference  report  adopted. 


The  committee  of  conference  to  which  was  referred  House 
Bill  No.  31,  'An  Act  authorizing  the  public  utilities  commission 
until  March  6,  1975,  to  acquire,  as  agent  of  the  state,  such  rail- 
road properties  within  the  state  deemed  to  be  necessary  for 
continued  and  future  railroad  operation  for  the  benefit  of  the 
public,  and  providing  bonding  authority;  on  March  6,  1975, 
the  foregoing  authority  shall  be  transferred  to  the  New  Hamp- 
shire transportation  authority.',  having  considered  same,  report 
the  same  with  the  following  recommendations: 


'& 


That  the  House  recede  from  its  position  of  nonconcurrence 
with  the  Senate  amendment,  and 

That  the   House  concur  in  the  adoption  of  the  Senate 
amendment,  and 

That   the   House   and   Senate   each   adopt   the   following 
amendments  to  the  bill,  and 

That    the    House   and   Senate    each    pass    the    bill    as   so 
amended. 


384  House  Journal,  2Apr74 

Amend  372-A  as  inserted  by  section  1  of  the  bill,  by  insert- 
ing after  section  20  the  following  new  section: 

372-A:  21  Authorized  to  Employ  Consultants.  The  com- 
mission may,  in  support  of  its  actions  as  herein  authorized,  en- 
gage the  services  of  consultants  for  the  purpose  of  preparing 
estimates  for  plant  rehabilitation  costs.  Further,  it  may  engage, 
as  it  considers  necessary,  the  services  of  qualified  independent 
consultants  to  perform  economic  feasibility  studies,  or  as  other- 
wise necessary  in  carrying  out  the  responsibilities  of  this  chapter. 

Amend  RSA  372-A: 20  as  inserted  by  section  1  of  the  bill, 
by  striking  out  in  line  three  the  words  "or  discussion",  so  that 
said  section  as  amended  shall  read  as  follows: 

372-A: 20  New  Hampshire  Transportation  Authority;  Rep- 
resentative of.  The  executive  director  of  the  New  Hampshire 
transportation  authority,  shall  be  notified  and  included  in  any 
meeting  held  by  the  public  utilities  commission  and  kept  ap- 
prised of  any  decision  made  by  said  commission  pursuant  to  the 
provisions  of  this  chapter. 

Amend  section  2  of  the  bill,  by  striking  out  in  line  one  the 
word  "two"  and  inserting  in  place  thereof  the  following  (four) , 
so  that  said  section  as  amended  shall  read  as  follows: 

2  Appropriation.  There  is  hereby  appropriated  the  sum 
of  four  million  dollars  for  the  purpose  of  purchasing,  selling  or 
leasing  railroad  properties  and  for  the  maintenance  and  opera- 
tion of  any  railroad  properties  acquired  pursuant  to  the  pro- 
visions of  RSA  372-A.  Said  appropriation  shall  be  nonlapsing 
and  may  be  expended  by  the  commission  for  the  aforementioned 
purposes  only. 

Amend  section  3  of  the  bill,  by  striking  out  in  line  four  the 
word  "two"  and  inserting  in  place  thereof  the  following  (four) , 
so  that  said  section  as  amended  shall  read  as  follows: 

3  Bond  Issue  Authorized.  To  provide  funds  for  the  pur- 
poses of  section  2  of  this  act,  the  state  treasurer  is  hereby  au- 
thorized to  borrow  upon  the  credit  of  the  state  or  to  borrow 
from  the  federal  government,  or  a  combination  of  both  a  sum 
not  exceeding  four  million  dollars  and  for  that  purpose  may 
issue  bonds  and  notes  in  the  name  and  on  behalf  of  the  state 
of  New  Hampshire  in  accordance  with  the  provisions  of  RSA 
6-A. 


House  Journal,  2Apr74  385 

Amend  section  6  of  the  bill  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following: 

6  New  Hampshire  Transportation  Authority  Appropria- 
tion Reduced.  Amend  the  Laws  of  1973,  582:4  by  striking  out 
in  line  two  the  words  "one  hundred"  and  inserting  in  place 
thereof  the  following  (fifteen)  and  by  striking  out  in  line  three 
the  words  "a  like  amount"  and  inserting  in  said  line  after  the 
numerals  "1975"  the  following  (the  sum  of  one  hundred  thou- 
sand dollars.)  so  that  said  section  as  amended  shall  read  as 
follows: 

582:4  There  is  hereby  appropriated  for  the  New  Hamp- 
shire transportation  authority  for  the  fiscal  year  ending  June 
30,  1974,  the  sum  of  fifteen  thousand  dollars;  and  for  the  fiscal 
year  ending  June  30,  1975,  the  sum  of  one  hundred  thousand 
dollars.  The  governor  is  authorized  to  draw  his  warrant  for  the 
sums  hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Amend  section  10  of  the  bill  by  inserting  after  RSA  21-C:24 
the  following  new  RSA  section: 

21-C:25  Authorized  to  Employ  Consultants.  The  authority 
may,  in  support  of  its  actions  as  herein  authorized,  engage  the 
services  of  consultants  for  the  purpose  of  preparing  estimates 
for  plant  rehabilitation  costs.  Further,  it  may  engage,  as  it  con- 
siders necessary,  the  services  of  qualified  independent  consul- 
tants to  perform  economic  feasibility  studies,  or  as  otherwise 
necessary  in  carrying  out  the  responsibilities  of  this  chapter. 

Amend  section  12  of  the  bill  by  striking  out  in  line  two  the 
numeral  "6"  and  inserting  in  place  thereof  the  following  (13) , 
so  that  said  section  as  amended  shall  read  as  follows: 

12  Transfer  of  Appropriation;  Bond  Issue  Authorization; 
Amortization  of  Bonds;  and  Appropriation  for  Administration. 
Effective  on  March  13,  1975,  the  appropriation  made  by  section 

2  of  this  act;  the  authorization  for  bond  provided  for  by  section 

3  of  this  act;  the  provisions  for  amortization  of  such  bonds  pur- 
suant to  section  4  of  this  act;  and  the  remainder  of  any  funds 
appropriated,  any  personnel  hired,  and  records  and  equipment 
acquired  pursuant  to  the  provisions  of  section  5  of  this  act,  are 
hereby  transferred  to  the  New  Hampshire  transportation  au- 
thority and  the  appropriate  reference  to  RSA  21-C  shall  be  sub- 


386  House  Journal,  2Apr74 

stituted  for  any  reference  to  RSA  372-A  in  the  aforementioned 
sections  of  the  act. 

Amend  paragraph  II  of  section  14  of  the  bill  by  striking 
out  said  paragraph  and  inserting  in  place  thereof  the  following: 

II.  Sections  7,  8,  9,  10,  11,  12  and  13  of  this  act  shall  take 
effect  only  if  both  houses  of  the  1975  general  court  so  vote  prior 
to  March  13,  1975,  upon  such  action  by  the  1975  general  court 
these  sections  shall  take  effect  on  March  13,  1975;  in  the  event 
such  action  is  not  taken  by  said  date  these  sections  shall  become 
null  and  void  and  have  no  legal  force  or  effect,  and  the  authority 
granted  to  the  public  utilities  commission  and  to  others  by  sec- 
tions 1  through  6  shall  continue  in  force  and  effect. 

Rep.  Zachos 

Rep.  Hoar 

Rep.  Bigelow 

Rep.  Anthony  Stevens 

Rep.  Daniell 

Conferees  on  the  Part  of  the  House 

Sen.  Trowbridge 

Sen.  Claveau 

Sen.  Sanborn 

Conferees  on  the  Part  of  the  Senate 

At  the  request  of  Rep.  Lawton,  Rep.  Zachos  explained  the 
committee  of  conference  report. 

Reps.  Coutermarsh,  George  I.  Wiggins  and  Plourde  spoke 
against  the  committee  of  conference  report. 

(discussion) 

Reps.  Zachos,  Bigelow,  Spirou,  Hunt  and  Lawton  spoke 
in  favor  of  the  committee  of  conference  report. 

Reps.  French,  Parr,  Forcier,  Withington,  Lessard,  An- 
thony Stevens,  Palfrey,  Howard  S.  Humphrey,  Hoar  and  Fred 
E.  Murray  non-spoke  in  favor  of  the  committee  of  conference 
report. 

Rep.  Clark  non-spoke  against  the  committee  of  confer- 
ence report. 

Reps.  Cobleigh  and  Boisvert  moved  the  previous  question. 

Sufficiently  seconded. 


House  Journal,  2Apr74  387 

Adopted. 

A  division  was  requested. 

219  members  having  voted  in  the  affirmative  and  54  in 
the  negative,  Committee  of  Conference  report  adopted. 

Rep.  Curran  wished  to  be  recorded  as  voting  against  the 
committee  of  conference  report. 

ENROLLED  BILLS  REPORT 

SB  18,  providing  additional  cost  of  living  increases  for  re- 
tired members  of  the  N.  H.  Teachers'  Retirement  System,  the 
N.  H.  Policemen's  Retirement  System,  the  N.  H.  Firemen's 
Retirement  System,  the  N.  H.  Retirement  System  and  the  State 
Employees  Retirement  System,  and  making  an  appropriation 
therefor;  providing  for  compensatory  contributions  for  inter- 
rupted service;  and  providing  for  an  actuarial  study  of  pre- 
funding  to  be  paid  out  of  escrowed  funds  derived  from  an  in- 
terest assumption  change. 

Maurice  M.  Read 
For  The  Committee 

RECESS 
AFTER  RECESS 

SENATE  MESSAGE 

ADOPTION  COMMITTEE  OF  CONFERENCE 
REPORT 

HB  1,  making  supplemental  appropriations  for  expenses 
of  certain  departments  of  the  state  for  the  fiscal  years  ending 
June  30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes. 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public,  and  making  an  appro- 
priation therefor. 

COMMITTEE  OF  CONFERENCE  REPORT 

SB  10,  establishing  a  sire  stakes  program  and  a  standard- 
bred  breeders  and  owners  development  agency. 


388  House  Journal,  2Apr74 

(Printed  SJ  April  2) 
Rep.  Drake  explained  the  amendment. 

(discussion) 
Committee  of  Conference  report  adopted. 

COMMITTEE  OF  CONFERENCE  REPORT 

The  committee  of  conference  to  which  was  referred  HB  1, 
making  supplemental  appropriations  for  expenses  of  certain 
departments  of  the  state  for  the  fiscal  years  ending  June  30, 
1974,  and  June  30,  1975,  and  making  other  budgetary  changes, 
having  considered  the  same,  report  the  same  with  the  follow- 
ing recommendations: 

That  the  House  recede  from  its  position  of  nonconcur- 
rence  with  the  Senate  amendment,  and  adopt  the  amendment 
to  the  bill  as  adopted  by  the  Senate;  and 

That  the  House  and  Senate  each  adopt  the  following 
amendments  to  the  bill  as  amended  by  the  Senate;  and 

That  the  House  and  Senate  each  pass  the  bill  as  amended 
by  the  Senate  with  the  following  amendments: 

Amend  the  bill  by  striking  out  paragraph  II  as  inserted  by 
section  44. 

Amend  the  bill  by  striking  out  section  46  and  inserting  in 
place  thereof  the  following  new  section  46: 

46  Decreasing  the  Appropriation  for  the  Division  of  Wel- 
fare $681,700  in  1974.  Amend  1973,  376:46,  VII,  (d) ,  (1)  by 
striking  out  the  same  and  inserting  in  place  thereof  the  follow- 
ing: 

(1)  Case  services: 

Grants  $712,000       $1,398,600 


Total  $712,000       $1,398,600 

Estimated  source  of  funds 
for  case  services: 

Federal  $534,000       $1,048,950 

General  178,000  349,650 


Total  $712,000       $1,398,600 


House  Journal,  2Apr74  389 

Amend  1973,  376:14,  IV  as  inserted  by  section  66  of  the 
bill  by  striking  out  the  lines  "Salaries  of  four  assistant  attorneys 
general  $54,382  $59,794,  Other  personal  services:  Permanent 
28,994     30,407"  and  inserting  in  place  thereof  the  following: 


Salaries  of  four  assistant 

attorneys  general 

$54,382 

$73,279 

Other  personal  services: 

Permanent 

28,994 

16,922 

Amend  section  70  of  the  bill  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

70  Increasing  the  Appropriation  to  the  Department  of  Re- 
sources and  Economic  Development  to  Update  the  State  Com- 
prehensive Outdoor  Recreation  Plan,  to  Make  Permanent  the 
Temporary  Position  of  one  Recreation  Technician  and  Pro- 
vide Additional  out  of  State  Travel  Funds  for  the  Office  of  the 
Commissioner. 

I  There  is  hereby  appropriated  to  the  department  of  re- 
sources and  economic  development  the  sum  of  $63,000  in  addi- 
tion to  any  other  sums  appropriated,  for  fiscal  1974  for  the  state 
comprehensive  outdoor  recreation  plan.  The  sum  hereby  ap- 
propriated shall  be  a  charge  against  federal  fimds  in  the  amount 
of  $31,500  and  from  funds  not  otherwise  appropriated  in  the 
amount  of  $31,500  for  fiscal  1974.  The  sums  hereby  appropriated 
shall  not  be  transferred  or  used  for  any  other  purposes  and  shall 
not  lapse  until  June  30,  1975. 

II  There  is  hereby  appropriated  to  the  department  of  re- 
sources and  economic  development,  recreation  services,  in  ad- 
dition to  any  other  sums  appropriated,  the  following: 

1974  1975 

Personal  services: 

Permanent  $1,954*  $10,806 

Other  expenditures: 

Benefits  176  974 


Total  $2,130  $11,780 

Estimated  source  of 

funds  for  recreation 

services: 

Transfer  from  BOR 


390  House  Journal,  2Apr74 


Surcharge  Escrow 

Account 

863 

— 

Recovery  from  BOR 

Direct  and/or 

Indirect  charges 

— 

5,890 

General  Fund 

1,267 

5,890 

Total  $2,130  $11,780 

*New  position  of   1   recreation  technician  effective  April  25, 
1974. 

The  Governor  is  authorized  to  draw  his  warrant  for  the 
sums  hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Ill  Amend  1973,  376:35,  I  (a)  by  striking  out  the  line  "Out 
of  state  1,200  1,200"  and  inserting  in  place  thereof  the 

following: 

Out  of  state  1,200  2,200 

Amend  section  72  of  the  bill  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

72  Increasing  the  Appropriation  for  the  Water  Resources 
Special  Board  by  $2,000  in  1974,  and  $3,000  in  1975.  Amend 
1973,  376:36,  III  by  striking  out  the  lines  "Other  4,500  4,500, 
In  state  4,000  4,000"  and  inserting  in  place  thereof  the  follow- 
ing: 

Other  6,500  6,500 

In  state  4,000  5,000 

Amend  the  bill  by  striking  out  section  74  and  inserting  in 
place  thereof  the  following  new  section: 

74  Retirement  Systems:  Notice  of  Cost  Increases  to  Local 
Officials.  Amend  RSA  100-A:14,  (supp)  as  inserted  by  1967, 
134:1,  as  amended,  by  inserting  after  paragraph  XI  the  follow- 
ing new  paragraph: 

XII.  The  state  treasurer  as  agent  for  the  board  shall  notify 
the  selectmen  of  all  towns,  all  city  councils,  and  the  superin- 
tendent or  chief  fiscal  officer  of  all  school  districts  within  ten 
days  of  the  introduction  and  within  thirty  days  of  the  enactment 
of  any  legislative  measure  relative  to  the  retirement  systems 
which  would  affect  the  retirement  system  costs  to  cities,  towns 
and  school  districts.  For  the  purposes  of  this  paragraph,  "legisla- 
tive measure"  shall  mean  any  bill  or  joint  resolution  introduced 


House  Journal,  2Apr74  391 

in  either  the  senate  or  the  house  of  representatives  but  shall  not 
include  amendments  to  bills  or  joint  resolutions. 

Amend  1973,  376:3,  VI  as  inserted  by  section  88  of  the  bill 
by  striking  out  the  line  "Regional  assistance  334,500**  330,- 
000**"  and  inserting  in  place  thereof  the  following: 

Regional  assistance  334,500**        330,000t 

Further  amend  1973,  376:3,  VI  as  inserted  in  section  88  of 
the  bill  by  striking  out  the  **  footnote  and  inserting  in  place 
thereof  the  following: 

**This  appropriation  shall  be  for  the  six  regional  planning 
areas  and  may  not  be  transferred  or  expended  for  any  other 
purpose. 

fThis  appropriation  shall  be  for  the  six  regional  planning  areas 
and  metropolitan  central  cities  under  the  H.U.D.  701  program 
and  may  not  be  transferred  or  expended  for  any  other  purpose; 
provided  $95,000  shall  represent  a  continuation  of  the  state 
grants  program  to  the  regional  planning  commissions;  and  pro- 
vided further,  that  no  more  than  $70,000  of  federal  funds  of 
this  appropriation  may  be  spent  for  metropolitan  central  cities 
and  metropolitan  planning  regions  under  the  H.U.D.  701  pro- 
gram. 

Amend  the  bill  by  striking  out  section  92  and  inserting 
in  place  thereof  the  following: 

92  Authorizing  the  Department  of  Safety,  Division  of  Mo- 
tor Vehicles  to  establish  a  motor  vehicle  substation  in  the  city 
of  Manchester  and  providing  an  appropriation  therefor.  There 
is  hereby  appropriated  to  the  department  of  safety,  division  of 
motor  vehicles,  for  the  purpose  of  establishing  a  motor  vehicle 
substation  in  the  city  of  Manchester  the  following: 

1975 

Personal  services: 

Permanent  $5,855 

Other  5,381 

Current  expenses  1,826 

Equipment  2,811 

Other  expenditures: 

Benefits  1,001 

Total  $16,874 


392  House  Journal,  2Apr74 

The  above  amounts  are  appropriated  in  addition  to  any 
other  appropriation  for  the  Department  of  Safety.  The  sums 
appropriated  shall  be  a  charge  against  the  highway  fund  and 
shall  not  be  transferred  or  used  for  any  other  purpose. 

Amend  section  94  of  the  bill  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

94  Increasing  the  appropriation  for  the  General  Court  by 
$18,110  in  1974,  and  $45,755  in  1975.  Amend  1973,  376:2,  I, 
(a)  and  (b)  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following: 

Fiscal  1974         Fiscal  1975 
(a)  Senate: 

Personal  services: 

Members  $6,050 

Attaches  $38,000  95,000 

Current  expenses  7,000  18,900 

Travel  —  members  and  attaches  10,000*  53,001** 

Equipment  and  capital 

improvements  2,500  5,000 

Other  expenditures: 

Membership  fees  1,500  1,500 

Legal  services  and 

consultants  1,500  3,000 

Benefits  3,420  8,500 


Total  $63,920  $191,001 

Estimated  source  of  funds 
for  senate: 

General  $63,920  $191,001 


*Includes  travel  and  expenses  authorized  by  RSA  14-A:3 
(supp) . 

**In  addition  to  travel  allowed  for  attending  sessions  of  the 
general  court,  this  sum  shall  include  payments  as  authorized 
by  RSA  14-A:3  except  that  after  a  member  fails  of  nomination 
in  a  primary  election  or  fails  of  election  or  shall  have  not  filed 
for  re-election  to  his  office,  no  expenses  shall  be  allowed  him 
for  out  of  state  travel. 


House  Journal,  2Apr74  393 

Fiscal  1974     Fiscal  1975 


(b)  House: 

Personal  services: 

Members 

$             - 

$86,680 

Attaches 

82,299 

232,998 

Current  expenses 

23,000 

47,422 

Travel  —  members  and 

attaches 

32,835* 

505,000** 

Equipment  and  capital 

improvements 

10,000 

15,000 

Other  expenditures: 

Membership  fees 

1,400 

1,400 

Legal  services  and 

consultants 

1,000 

1,000 

Standing  and  interim 

committees 

8,000 

4,000 

Speaker's  special  fund 

500t 

500t 

Minority  leader's  special 

fund 

250t 

250t 

Benefits 

7,407 

20,413 

Total 

$166,691 

$914,663 

Estimated  source  of  funds 

for  house: 

General 

$166,691 

$914,663 

*Includes  travel  and  expenses  authorized  by  RSA  14-A:3  (supp) 

**In  addition  to  travel  allowed  for  attending  sessions  of  the 
general  court,  this  sum  shall  include  payments  as  authorized  by 
RSA  14-A:3  except  that  after  a  member  fails  of  nomination  in 
a  primary  election  or  fails  of  election  or  shall  have  not  filed  for 
re-election  to  his  office,  no  expenses  shall  be  allowed  him  for  out 
of  state  travel. 

f  To  be  fully  accountable. 

Amend  section  100  of  the  bill  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following: 

100  Increasing  the  Appropriation  for  Legislative  Post- 
Audit.  There  is  hereby  appropriated  to  the  legislative  budget 
assistant  post-audit  division,  in  addition  to  any  other  funds  ap- 
propriated, the  sum  of  $15,000  for  fiscal  1975  for  consultants 


394  House  Journal,  2Apr74 

The  governor  is  authorized  to  draw  his  warrant  for  the  sum 
hereby  appropriated  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

Amend  the  bill  by  striking  out  section  103  and  inserting 
in  place  thereof  the  following: 

Transfer  of  Retirement  System  Members.  Amend  RSA 
100-A:33-a  (supp) ,  as  inserted  by  1973,  265:1,  by  striking  out 
in  line  five  the  word  "April"  and  inserting  in  place  thereof 
the  word  (June)  and  by  striking  out  in  line  seven  the  word 
"February"  and  inserting  in  place  thereof  the  word  (May)  so 
that  said  section,  as  amended,  shall  read  as  follows: 

100-A:33-a  Additional  Transfer  of  Members.  All  employees 
of  the  other  state  retirement  systems  are  hereby  transferred  to 
the  New  Hampshire  retirement  system  as  of  June  30,  1974;  pro- 
vided, however,  that  no  member  of  said  other  retirement  sys- 
tems shall  be  transferred  if  on  or  before  June  1,  1974  said 
member  shall  notify  the  board  of  trustees,  in  writing,  of  his 
desire  to  remain  in  his  original  system.  Prior  to  May  1,  1974  the 
board  of  trustees  shall  forward  to  each  member  a  written  ex- 
planation of  the  difference  between  the  two  systems,  a  copy  of 
this  act  and  a  form  on  which  to  notify  the  board  of  his  intent 
to  remain  in  the  predecessor  system. 

Amend  the  bill  by  striking  out  section  104  and  inserting 
in  place  thereof  the  following  sections: 

104  Probate  Judges'  Costs  and  Expenses.  Amend  1973, 
376:11,  III,  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following: 

1974  1975 

III  Probate  court: 
Salaries  of  judges, 
registers,  and 
deputy  registers  $246,109  $247,381 

Other  expenditures: 
Expenses  and  costs  of 
probate  judges  and 
printing  in  carrying 
out  RSA  547:33,  34  and  35      7,000g  — 


House  Journal,  2Apr74  395 


Administrative  committee 

of  probate  courts. 

consultants 

3,000g 

— 

Benefits 

22,150 

22,264 

Total 

$278,259 

$269,645 

Estimated  source  of 

funds  for  probate 

court: 

General 

$278,259 

$269,645 

105  Administrative  Committee  of  Probate  Courts,  Con- 
sultants. Amend  RSA  547  by  inserting  after  section  35  the  fol- 
lowing new  section: 

547:36  Administrative  Committee,  Consultants.  The  ad- 
ministrative committee  of  probate  courts  established  under 
RSA  547:34  is  hereby  authorized  and  empowered  to  employ 
consultants,  within  the  limits  of  any  appropriation  made  there- 
for, to  assist  the  committee  in  the  performance  of  its  duties 
under  this  chapter. 

106  Footnote  Added  to  Provide  For  Appropriation  Trans- 
fer. Amend  1973,  476:41,  VI  by  striking  out  the  lines  "Town 
Road  Aid  1,650,000  1,650,000"  and  inserting  in  place 
thereof  the  following: 

Town  Road  Aid  1,650,000*  1,650,000 

Further  amend  1973,  376:41,  VI  by  inserting  after  said 
paragiaph  the  following  new  footnote: 

*  Other  provisions  of  law  notwithstanding,  the  Commissioner 
of  Public  Works  and  Highways  shall  allocate  and  pay  a  sum 
not  exceeding  $67,500  from  this  appropriation  not  previously 
allocated  to  other  state  municipalities  as  a  state  contribution 
to  the  City  of  Portsmouth  as  a  State  contribution  of  50%  of  the 
total  estimated  cost  of  constructing  a  temporary  emergency 
access  due  to  the  failure  of  the  Kearsarge  Way  bridge. 

107  Effective  Date.  This  act  shall  take  effect  upon  its  pas- 
sage. 

Sen.  TroAvbridge 

Sen.  Green 

Sen.  Foley 

Conferees  on  the  Part  of  the  Senate 


396  House  Journal,  2Apr74 

Rep.  Drake 

Rep.  Ferguson 

Rep.  Scamman 

Rep.  McGinness 

Rep.  John  B.  Goff 

Conferees  on  the  Part  of  the  House 

Rep.  Drake  explained  the  report. 

Committee  of  Conference  report  adopted. 

Rep.  Sweeney  wishes  to  be  recorded  against  the  report  on 
HBl. 


Rep.  Schwaner  announced  that  Rep.  Ainley  has  been 
elected  Vice  President  of  the  Owls. 

Rep.  Vesta  M.  Roy  has  a  new  grandson  born  at  2  p.m.  To- 
day. 

RECESS 

SENATE  MESSAGE 

ADOPTION  COMMITTEE  OF 
CONFERENCE  REPORT 

SB  17,  relative  to  the  New  Hampshire  Port  Authority,  the 
construction  of  fishing  facilities  at  Portsmouth,  Hampton  and 
Rye  harbors,  and  the  location  of  marine  science  docking  and 
related  facilities  for  the  university  of  New  Hampshire  and  mak- 
ing an  appropriation  therefor. 

COMMITTEE  OF  CONFERENCE  REPORT 

The  committee  of  conference  to  which  was  referred  House 
Bill  11  'An  Act  to  increase  the  salaries  of  state  classified  em- 
ployees and  employees  of  the  university  system  and  providing 
differential  pay  to  classified  prison  employees  and  correctional 
psychiatric  aides  at  the  New  Hampshire  Hospital  and  making 
appropriations  therefor',  having  considered  the  same,  report 
the  same  with  the  following  recommendation: 

That  the  House  recede  from  its  position  in  nonconcurring 
with  the  Senate  amendment,  and 

That  the  House  concur  in  the  adoption  of  the  Senate 
amendment,  and 


House  Journal,  2Apr74  397 

That  the  House  and  Senate  each  adopt  the  following 
amendment  to  the  bill  and  pass  the  bill  as  so  amended: 

Amend  the  bill  by  striking  out  all  after  section  8  and  in- 
serting in  place  thereof  the  following: 

9  Hazardous  Pay  for  Prison  and  New  Hampshire  Hospital 
Personnel.  Amend  RSA  99  by  inserting  after  section  9  the  fol- 
lowing new  section: 

99:10  N.  H.  State  Prison  and  N.  H.  Hospital.  Classified 
employees  at  the  state  prison  and  the  New  Hampshire  Hospital 
who  are  continuously  exposed  to  inmates  or  forensic  patients 
daily  in  the  normal  course  of  their  duties  shall  be  paid,  in  ad- 
dition to  their  regular  salary,  hazardous  duty  pay  in  the  amount 
of  twenty-five  dollars  per  week. 

10  Appropriation.  There  is  hereby  appropriated  for  the 
fiscal  year  ending  June  30,  1975  the  sum  of  one  hundred  seventy- 
nine  thousand  four  hundred  dollars  for  the  purposes  of  section 
9  of  this  act.  The  governor  is  authorized  to  draw  his  warrant 
for  the  sums  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

11  Differential  Pay  for  Institutional  Employees.  Amend 
RSA  99  by  inserting  after  section  10  the  following  new  section: 

99:11  Differential  Pay;  Institutional  Employees.  To  the 
annual  salaries  of  those  classified  employees  at  the  N.  H.  Hos- 
pital, Laconia  State  School  and  Training  Center,  and  the  N.  H. 
Youth  Development  Center  who,  on  a  daily  basis,  are  actively 
engaged  in  the  care  and  treatment  of  patients  or  inmates,  shall 
be  added  a  five  dollar  per  week  differential  increase.  The  pro- 
visions of  this  section  shall  not  apply  to  those  employees  who 
receive  hazardous  duty  pay  pursuant  to  RSA  99:10. 

12  Appropriation.  There  is  hereby  appropriated  for  the 
fiscal  year  ending  June  30,  1975  the  sum  of  two  hundred  sixty 
thousand  dollars  for  the  purposes  of  section  11  of  this  act.  The 
governor  is  authorized  to  draw  his  warrant  for  the  sums  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

13  Certain  Unclassified  Salaries.  Amend  RSA  94:l-a  (supp) 
as  inserted  by  1969,  500:12,  as  amended,  by  striking  out  the 
lines: 


398  House  Journal,  2Apr74 

Assistant  Superintendent, 

New  Hampshire  Hospital  23,000  27,000 
Assistant  Superintendent  for 

Professional  Services  29,000  32,000 

Board  of  taxation,  members   (3)  15,372  17,294 

Commissioner  of  revenue  administration  20,301  25,400 

Deputy  warden,  state  prison  13,158  16,486 
Executive  director.  New  Hampshire 

transportation  authority  17,000  18,000 
Executive  director,  New  Hampshire 

housing  commission  15,000  17,500 

Senior  physician /psychiatrist  24,000  28,000 
Superintendent,  New  Hampshire 

Hospital  30,000  32,500 

Unit  director.  New  Hampshire  Hospital    26,000  30,000 

Warden,  state  prison  20,485  22,484 

and  inserting  in  place  thereof  the  following: 

Assistant  superintendent. 

New  Hampshire  Hospital  23,957  28,123 
Assistant  superintendent  for 

professional  services  30,206  33,331 

Board  of  taxation,  members    (3)  16,011  18,013 

Commissioner  of  revenue  administration  21,146  26,457 

Deputy  warden,  state  prison  13,705  17,172 
Executive  director,  New  Hampshire 

transportation  authority  17,707  18,749 
Executive  director,  New  Hampshire 

housing  commission  15,624  18,228 

Senior  physician /psychiatrist  24,998  29,165 

Superintendent,  New  Hampshire  Hospital  31,248  33,852 

Unit  director.  New  Hampshire  Hospital  27,082  31,248 

Warden,  state  prison  21,337  23,419 

14  Payments  from  Salary  Adjustment  Fund.  For  the  bien- 
nium  ending  June  30,  1975,  funds  necessary  for  the  implemen- 
tation of  sections  10  and  12  of  this  act  shall  be  a  charge  against 
the  salary  adjustment  fund,  RSA  99:4. 

15  Effective  Date.  This  act  shall  take  effect  June  21,  1974. 

Sen.  Trowbridge 

Sen.  Green 

Sen.  Provost 

Conferees  on  the  Part  of  the  Senate 


House  Journal,  2Apr74  399 

Rep.  McLane 

Rep.  Gallen 

Rep.  Weeks 

Rep.  William  F.  Kidder 

Rep.  Belcourt 

Conferees  on  the  Part  of  the  House 

Rep.  McLane  explained  the  amendment. 

(discussion) 

Committee  of  Conference  report  adopted. 

SENATE  MESSAGES 

ADOPTION  COMMITTEE  OF 
CONFERENCE  REPORT 

SB  10,  establishing  a  sire  stakes  program  and  a  standard- 
bred  breeders  and  owners  development  agency. 

HB  11,  to  increase  the  salaries  of  state  classified  employees 
and  employees  of  the  university  system  and  providing  differen- 
tial pay  to  classified  prison  employees  and  correctional  psychi- 
atric aides  at  the  New  Hampshire  Hospital  and  making  appro- 
priations therefor. 

AFTER  RECESS 
COMMITTEE  OF  CONFERENCE  REPORT 

SB  9,  legalizing  special  town  meetings  in  Wilmot  and  Pitts- 
field;  and  the  Seabrook  School  District  meeting. 

(Printed  SJ  April  2) 

Committee  of  Conference  report  adopted. 

SENATE  MESSAGE 
DISCHARGE  COMMITTEE  OF     CONFERENCE 
HB  5,  relative  to  the  office  of  energy  administrator. 

The  President  appointed  as  new  members  Sens.  Poulsen, 
Stephen  W.  Smith  and  Sanborn. 

CHANGE  HOUSE  CONFEREES 

Reps.  Plourde  and  Duhaime  replacing  Reps.  Cushman  and 
Hildreth  on  HB  5. 


400  House  Journal,  2Apr74 

UNANIMOUS  CONSENT 

Reps.  Elmer  L.  Johnson  and  Daniel  J.  Healy  addressed 
the  House  by  unanimous  consent. 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill. 

COMMITTEE  OF  CONFERENCE  REPORTS 

The  committee  of  conference  to  which  was  referred  HB 
30,  'An  Act  relative  to  the  civil  commitment  procedures  in 
the  probate  courts  and  detention  and  discharge  procedures 
for  the  mentally  ill',  having  considered  the  same,  report  the 
same  with  the  following  recommendations: 

That  the  Senate  recede  from  its  position  in  adopting  its 
amendment  to  the  bill,  and 

That  the  Senate  and  House  each  adopt  the  following  new 
amendment  to  the  bill  and  pass  the  bill  as  so  amended: 

Amend  the  bill  by  striking  out  section  6  and  inserting  in 
place  thereof  the  following: 

6  Authorization  of  Clerical  Expenses.  Amend  1973,  556:8 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following: 

556:8  Appropriation.  The  sum  of  one  hundred  thousand 
dollars  is  appropriated  to  the  department  of  health  and  wel- 
fare, division  of  mental  health  for  the  biennium  ending  June 
30,  1975  to  provide  for  the  probate  court  hearings  as  provided 
in  RSA  135-B,  as  inserted  by  section  1  of  this  act,  and  as  pro- 
vided in  section  7  of  this  act.  The  per  diem  compensation  of 
probate  court  judges  and  attorneys,  who  represent  indigent 
patients  or  indigent  persons  sought  to  be  admitted,  the  costs 
to  the  state  and  to  indigent  persons  of  transcripts  or  recordings 
of  hearings,  the  cost  of  witness  fees  for  indigent  patients  or  in- 
digent persons  sought  to  be  admitted,  the  costs  of  an  examina- 
tion of  indigent  persons  by  a  psychiatrist  prior  to  a  hearing  for 
involuntary  admission,  the  costs  of  clerical  expenses  incurred  by 
the  registers  of  probate,  plus  other  expenses  incidental  to  such 
hearings,  shall  be  a  charge  upon  the  funds  hereby  appropriated. 
An  attorney  for  a  legal  services  corporation  organized  under 
RSA  292: 1-a  who  represents  an  indigent  patient  or  indigent 
person  sought  to  be  admitted  shall  be  entitled  to  the  per  diem 


House  Journal,  2Apr74  401 

compensation  hereinbefore  provided,  but  no  such  attorney 
may  receive  more  than  one  hundred  fifty  dollars  per  case  ex- 
cept upon  special  application  to,  and  approval  by,  the  probate 
court.  The  attorney  general  is  authorized  to  employ  one  or 
more  consultants  to  represent  the  state  in  accordance  with  the 
provisions  of  this  act  and  the  register  of  probate  of  Merrimack 
County  is  authorized  to  employ  an  assistant  to  handle  the 
additional  work  attributable  to  the  provisions  of  this  act  which 
shall  be  a  charge  upon  the  funds  herein  appropriated  to  the 
division  of  mental  health.  The  governor  is  authorized  to  draw 
his  warrant  for  the  sums  hereby  appropriated  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

Amend  RSA  548:I4-b  as  inserted  by  section  7  of  the  bill 
by  striking  out  said  section  and  inserting  in  place  thereof  the 
following: 

548:14-b  Merrimack  County.  The  Merrimack  county  reg- 
ister of  probate  may  employ  and  deputize  an  assistant  for  a 
specific  assignment.  Such  assistant  shall  not  be  subject  to  the 
provisions  of  RSA  548:20  or  RSA  94: 1. 

Amend  the  bill  by  striking  out  section  8  and  inserting  in 
place  thereof  the  following: 

8  Legal  Counsel  for  Indigents.  Amend  RSA  135-B:6 
(supp)   as  inserted  by  1973,  556:1  by  striking  out  said  section 

and  inserting  in  place  thereof  the  following: 

135-B:6  Legal  Services;  Payment;  Appointment.  The  pa- 
tient or  person  sought  to  be  admitted  shall  pay  the  costs  of  the 
legal  services  rendered  in  connection  with  hearings  held  pur- 
suant to  this  chapter.  If  the  patient  or  person  sought  to  be  ad- 
mitted is  not  able  to  pay  for  counsel,  the  court  shall  immediate- 
ly appoint  either  a  member  of  New  Hampshire  Legal  Assis- 
tance, or  its  successor  organization,  or  another  attorney  who 
shall  be  compensated  for  his  services  at  the  same  rate  as  ap- 
p>ointed  counsel  in  a  criminal  case  heard  before  the  superior 
court. 

9  Effective  Date.  This  act  shall  take  effect  upon  its  pas- 


sage. 


Sen.  Porter 

Sen.  Jacobson 

Sen.  Bossie 

Conferees  on  the  Part  of  the  Senate 


402  House  Journal,  2Apr74 

Rep.  George  B.  Roberts,  Jr. 

Rep.  Nighswander 

Rep.  McManus 

Rep.  Bednar 

Rep.  Dudley 

Conferees  on  the  Part  of  the  House 

Rep.  George  B.  Roberts,  Jr.  explained  the  committee  of 
conference  report. 

Committee  of  Conference  report  adopted. 


SB  23,  relative  to  the  membership  of  municipal  planning 
boards  and  providing  for  the  creation  of  cooperative  regional 
planning  commissions. 

(Printed  SJ  April  2) 

Rep.  Hanson  explained  the  committee  of  conference  re- 
port. 

(discussion) 
Committee  of  conference  report  adopted. 

SENATE  MESSAGE 

ADOPTION  COMMITTEE  OF  CONFERENCE 
REPORTS 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill. 

SB  9,  An  Act  legalizing:  certain  special  town  meetings  in 
Wilmot,  Pittsfield,  and  Salem;  1974  annual  town  meetings  in 
Rye,  New  Castle,  Exeter,  Salisbury  and  Brentwood;  the  Sea- 
brook  and  Gilford  school  district  meetings;  the  special  Hamp- 
ton Falls  school  district  meeting;  the  Warner  village  fire  dis- 
trict proceedings;  the  February  19,  1974  postings  of  March  5, 
1974  town  and  school  meetings;  and  a  special  town  meeting  and 
the  1974  annual  town  meeting  in  Enfield. 

RECESS 


House  Journal,  2Apr74  403 

AFTER  RECESS 

ENROLLED  BILLS  REPORT 

HB  4,  providing  supplemental  grants  to  families  with  de- 
pendent children  and  making  an  appropriation  therefor  and 
authorizing  consolidated  grant  standards  for  categorical  assis- 
tance excluding  shelter. 

HB  18,  requiring  local  option  for  siting  of  oil  refineries. 

HB  35,  providing  for  twenty  years  retirement  for  mem- 
bers of  group  II  under  the  New  Hampshire  Retirement  Sys- 
tem, permitting  the  transfer  of  members  of  the  New  Hamp- 
shire Firemen's  Retirement  System  and  of  the  New  Hampshire 
Policemen's  Retirement  System  into  the  New  Hampshire  Re- 
tirement System  and  making  an  appropriation  therefor. 

HB  29,  relative  to  tuition  payments  for  handicapped  chil- 
dren; amending  the  appropriation  for  same;  defining  a  handi- 
capped child  as  a  person  up  to  the  age  of  twenty-one;  and  pro- 
viding for  educational  and  other  expenses  in  public  institu- 
tions. 

HB  2,  making  appropriations  for  capital  improvements. 

HB  34,  relative  to  energy  facility  evaluation,  siting,  con- 
struction and  operations;  providing  for  a  tax  on  refined  petro- 
leum products;  and  establishing  an  energy  facility  study  com- 
mittee. 

HB  1,  making  supplemental  appropriations  for  expenses 
of  certain  departments  of  the  state  for  the  fiscal  years  ending 
June  30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes. 

Maurice  W.  Read 
For  The  Committee 


SENATE  MESSAGE 

ADOPTION  COMMITTEE  OF  CONFERENCE 
REPORT 

SB  23,  relative  to  the  membership  of  niuiiicipal  plainiing 
boards  and  providing  for  the  creation  of  cooperative  regional 
planning  commissions. 


404  House  Journal,  2Apr74 

Rep.  Arthur  F.  Mann  moved  that  the  committee  of  con- 
ference on  HB  5,  relative  to  the  office  of  energy  administrator, 
be  discharged  and  a  new  committee  of  conference  be  estab- 
lished. 

Adopted. 

The  Speaker  appointed  Reps.  Arthur  F.  Mann,  Harry  C. 
Parker,  Hager,  Roderick  H.  O'Connor  and  Joseph  I..  Cote. 

COMMITTEE  OF  CONFERENCE 
CONFEREE  CHANGE 

HB  5,  relative  to  the  office  of  energy  administrator.  Rep. 
Altman  replacing  Rep.  Joseph  L.  Cote. 

COMMITTEE  OF  CONFERENCE 
CONFEREE  CHANGE 

SB  27,  to  better  protect  the  safety  of  New  Hampshire  citi- 
zens and  law  enforcement  officers  by  changing  penalties  for 
homicide  in  certain  circumstances,  Rep.  Paul  McEachern  re- 
placing Rep.  Hildreth. 

Rep.  Arthur  F.  Mann  moved  that  the  committee  of  con- 
ference on  HB  5,  relative  to  the  office  of  energy  administrator, 
be  discharged  and  a  new  committee  of  conference  established. 

Rep.  George  E.  Gordon  spoke  in  favor  of  the  motion. 

(discussion) 

Reps.  Plourde,  Sayer  and  Curran  spoke  in  favor  of  the  mo- 
tion. 

At  the  request  of  Rep.  Kenneth  W.  Spalding,  Rep.  Cur- 
ran answered  questions. 

Rep.  Daniell  spoke  against  the  motion. 

Reps.  Stevenson  and  Sununu  spoke  in  favor  of  the  motion. 

Rep.  George  E.  Gordon  spoke  a  second  time  in  favor  of 
the  motion. 

A  division  was  requested  and  subsequently  withdrawn. 

Motion  adopted. 


House  Journal,  2Apr74  405 

The  Speaker  appointed  Reps.  Chase,  Hager,  Daniels,  Alt- 
man  and  Plourde. 

RECESS 

AFTER  RECESS 

ENROLLED  BILLS  AMENDMENT 

HB  11,  to  increase  the  salaries  of  classified  employees  and 
employees  of  the  university  system  and  the  New  Hampshire 
Network  and  providing  differential  pay  to  classified  prison  em- 
ployees and  correctional  psychiatric  aides  and  providing  nurses' 
reclassification  at  the  New  Hampshire  Hospital  and  Laconia 
State  School  and  making  appropriation  therefor. 

Amend  section  14  of  said  bill  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following: 

14  Deficiency  Payments  from  Salary  Adjustment  Fund.  In 
the  event  the  appropriations  made  by  sections  10  or  12  or  both 
are  not  sufficient  for  the  purposes  appropriated,  any  balance 
needed  to  fully  implement  the  provisions  of  RSA  99:10  and  11 
shall  be  a  charge  against  the  salary  adjustment  fund  established 
by  RSA  99:4  and  said  balance  is  hereby  appropriated. 

The  clerk  read  the  amendment  in  full. 

Adopted. 

RECESS 

ENROLLED  BILLS  REPORT 

HB  33,  relative  to  the  Winnipesaukee  River  Basin  Con- 
trol; and  providing  for  continuation  of  the  study  committee 
on  water  supply  and  pollution  control  commission. 

SB  17,  relative  to  the  New  Hampshire  Port  Authority,  the 
construction  of  fishing  facilities  at  Portsmouth,  Hampton  and 
Rye  harbors,  and  the  location  of  marine  science  docking  and 
related  facilities  for  the  university  of  New  Hampshire  and  mak- 
ing an  appropriation  therefor. 

SB  10,  establishing  a  sire  stakes  program  and  a  standard- 
bred  breeders  and  owners  development  agency,  and  making  an 
appropriation  therefor. 


406  House  Journal,  2Apr74 

SB  9,  legalizing:  certain  special  town  meetings  in  Wil- 
mot,  Pittsfield,  Enfield,  Salisbury,  and  Salem:  1974;  annual 
town  meetings  in  Rye,  New  Castle,  Exeter,  Salisbury,  Enfield, 
Brentwood,  Chester  and  Bethlehem;  the  Seabrook,  Gilford 
and  Haverhill  school  district  meetings;  the  special  Hampton 
Falls  school  district  meeting;  the  Warner  village  fire  district 
proceedings;  and  the  February  19,  1974  postings  of  March  5, 
1974  town  and  school  meetings. 

SB  23,  relative  to  the  membership  of  municipal  planning 
boards,  conservation  commissions  and  historic  district  com- 
missions. 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public  and  authorizing  bond- 
ing therefor;  provided  that  if  the  1975  General  Court  by  vote 
of  both  houses  prior  to  March  13,  1975  evidences  its  approval 
the  foregoing  authority  shall  on  that  date  be  transferred  to  the 
New  Hampshire  irarisportation  authority  and  the  public  utili- 
ties commission's  authority  shall  be  terminated. 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill. 

HB  11,  to  increase  the  salaries  of  classified  employees  and 
employees  of  the  university  system  and  the  New  Hampshire 
Network  and  providing  differential  pay  to  classified  prison  em- 
ployees and  correctional  psychiatric  aides  and  providing  nurses' 
reclassification  at  the  New  Hampshire  Hospital  and  Laconia 
State  School  and  making  appropriations  therefor. 

Maurice  M.  Read 
For  The  Committee 


AFTER  RECESS 

Rep.  Chase  explained  the  committee  of  conference  report 
on  HB  5,  relative  to  the  office  of  energy  administrator. 

Rep.  Daniell  moved  that  the  Committee  of  Conference  on 
HB  5  be  discharged  and  spoke  in  favor  of  the  motion. 

(discussion) 
Adopted. 


House  Journal,  2Apr74  407 

COMMITTEE  OF  CONFERENCE  REPORT 

The  committee  of  conference  to  which  was  referred  HB 
24,  'An  Act  permitting  the  use  of  changeable  effective  date 
designations,  such  as  decals,  on  all  motor  vehicle  and  boat 
registration  plates;  authorizing  the  governor  and  council  to 
establish  temporary  speed  laws;  exempting  certain  functions 
relative  to  motor  vehicles  and  highways  from  the  provisions  of 
the  administrative  procedures  act;  and  exempting  the  depart- 
ment of  fish  and  game  from  procedural  requirements  of  their 
rule  making  under  Title  XVIII,  until  June  30,  1975.',  having 
considered  the  same  report  the  same  with  the  following  recom- 
mendation: 

That  the  Senate  recede  from  its  position  in  adopting  its 
amendment  to  the  bill,  and 

That  the  Senate  and  House  each  adopt  the  following  new 
amendment  to  the  bill  and  pass  the  bill  as  so  amended. 

Amend  the  bill  by  striking  out  section  1 1  and  inserting  in 
place  thereof  the  following: 

1 1  Replacement  Plates.  Amend  RSA  260  by  inserting  after 
section  9  the  following  new  section: 

260:9-a  Replacement  of  Motor  Vehicle  Plates.  In  the  event 
the  director  of  motor  vehicles  issues  changeable  effective  date 
designations,  and  one  or  both  number  plates  previously  issued 
to  the  registered  owners,  including  initial  number  plates  and 
other  special  plates,  have  become  damaged,  mutilated,  illegible 
or  lost,  said  registered  owner  may  apply  in  writing  to  the  di- 
rector for  either  one  or  two  replacement  plates,  alleging  that 
said  plate  or  plates  are  damaged,  mutilated,  illegible  or  lost, 
and  if  the  director  finds  that  the  allegation  is  true,  the  director 
shall  issue  without  charge  either  one  or  two  replacement  plates. 
An  application  for  one  or  two  replacement  plates,  under  this 
section,  shall  be  considered  only  once  each  registration  year 
and  only  during  the  period  of  years  that  changeable  date  desig- 
nations are  utilized,  in  all  other  cases  plate  replacement  shall 
be  made  pursuant  to  RSA  263:4. 

Further  amend  the  bill  by  striking  out  all  after  section  13 

and  inserting  in  place  thereof  the  following: 

14  Exemption  for  Town  Permit.  Amend  RSA  260:28 
(supp) ,  as  amended,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following: 


408  House  Journal,  2Apr74 

260:28  Exemption  of  Amputee  and  Other  Disabled  Vet- 
erans. No  fee  shall  be  charged  for  permit  to  register  a  motor 
vehicle  owned  by  a  veteran  of  world  wars  I  or  II,  the  Korean 
conflict,  or  the  Vietnam  conflict  who  because  of  being  an  ampu- 
tee, paraplegic  or  having  suffered  loss  or  use  of  a  limb  from  a 
service  connected  cause,  as  certified  by  the  United  States  vet- 
erans administration,  has  received  said  motor  vehicle  from  the 
United  States  government  or  cash  settlement  in  lieu  thereof; 
or  because  of  a  disability  incurred  in,  or  aggravated  by  such 
service,  and  upon  satisfactory  proof  that  the  veteran  is  evalu- 
ated by  the  United  States  veterans  administration  to  be  totally 
and  permanently  disabled  from  such  service  connected  dis- 
ability. 

15  Exemption  for  State  Registration  Fee.  Amend  RSA 
262: 1,  XIII  (supp) ,  as  amended,  by  striking  out  said  paragraph 
and  inserting  in  place  thereof  the  following: 

XIII.  No  fee  shall  be  charged  for  registering  a  motor  ve- 
hicle owned  by  a  veteran  of  world  wars  I  or  II,  the  Korean 
conflict,  or  the  Vietnam  conflict  who,  because  of  being  an  am- 
putee, paraplegic  or  having  suffered  loss  or  use  of  a  limb  from 
a  service  connected  cause,  as  certified  by  the  United  States  vet- 
erans administration,  has  received  said  motor  vehicle  from  the 
United  States  government,  or  cash  settlement  in  lieu  thereof, 
and  no  fee  shall  be  charged  for  registering  a  motor  vehicle  with 
special  equipment  which  said  amputee,  paraplegic  or  disabled 
veteran  may  acquire  to  replace  one  received  from  the  United 
States  government.  The  provisions  of  this  paragraph  shall  ap- 
ply to  a  veteran  who,  because  of  a  disability  incurred  in,  or 
aggravated  by  such  service,  and  upon  satisfactory  proof  that  the 
veteran  is  evaluated  by  the  United  States  veterans  administra- 
tion to  be  permanently  and  totally  disabled  from  such  service 
connected  disability. 

16  Exemption  from  Operator's  License  Fee.  Amend  RSA 
262:11,  IV  (supp) ,  as  amended,  by  striking  out  said  paragraph 
and  inserting  in  place  thereof  the  following: 

IV.  No  fee  shall  be  charged  for  an  operator's  license  issued 
to  a  disabled  veteran  who  because  of  being  an  amputee  or  a 
paraplegic,  has  received  a  motor  vehicle  from  the  United  States 
government.  The  provisions  of  this  paragraph  shall  apply  to 


House  Journal,  2Apr74  409 

a  veteran  who,  because  of  a  disability  incurred  in,  or  aggra- 
vated by  such  service,  and  upon  satisfactory  proof  that  the 
veteran  is  evaluated  by  the  United  States  veterans  administra- 
tion to  be  permanently  and  totally  disabled  from  such  service 
connected  disability. 

17  Free  Parking  Privilege.  Amend  RSA  249:4  (supp) , 
as  amended,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

249:4  Free  Parking.  Any  motor  vehicle  carrying  special 
license  plates  issued  to  paraplegic,  amputee  or  blind  war  vet- 
erans pursuant  to  RSA  260:17  and  RSA  260:18,  and  any  motor 
vehicle  used  for  a  purpose,  or  by  a  person,  designated  by  a  city 
council  or  town  meeting,  shall  be  allowed  free  parking  time 
in  any  city  or  town  so  long  as  said  motor  vehicle  is  under  the 
direct  control  of  the  owner.  The  provisions  of  this  section  shall 
apply  to  a  veteran  who,  because  of  a  disability  incurred  in,  or 
aggravated  by  such  service,  and  upon  satisfactory  proof  that 
veteran  is  evaluated  by  the  United  States  veterans  administra- 
tion to  be  permanently  and  totally  disabled  from  such  service 
connected  disability. 

18  Special  License  Plates.  Amend  RSA  260:17  (supp),  as 
amended,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

260:17  Special  License  Plates  for  Motor  Vehicles  for  Am- 
putee, Paraplegic  and  Totally  Disabled  Veterans.  The  director 
shall  furnish  without  charge  for  one  motor  vehicle  owned  by 
a  veteran  who  because  of  being  an  amputee,  or  paraplegic,  has 
received  said  motor  vehicle  from  the  United  States  govern- 
ment or  whose  vehicle  is  to  replace  one  so  received,  or  who 
is  evaluated  by  the  United  States  veterans  administration  to 
be  permanently  and  totally  disabled  from  such  service  con- 
nected disability,  a  special  license  plate.  The  director  shall 
determine  the  form,  shape  and  color  of  said  special  license  plate 
and  shall  also  determine  the  information  to  be  contained  there- 
on. 

19  Effective  Date. 

L  Sections  1,  2,  3,  4,  9,  10,  12,  13,  14,  15,  16,  17  and  18 
of  this  act  shall  take  effect  on  passage. 


410  House  Journal,  2Apr74 

II.  Section  5,  6,  7,  8  and  11  of  this  act  shall  take  effect 
January  1,  1975. 

Sen.  Porter 

Sen.  McLaughlin 

Sen.  Roger  A.  Smith 

Conferees  on  the  Part  of  the  Senate 

Rep.  Hamel 

Rep.  Conley 

Rep.  Akerman 

Rep.  Duhaime 

Rep.  D'Amante 

Conferees  on  the  Part  of  the  House 

Rep.  Hamel  explained  the  committee  of  conference  report. 

Committee  of  Conference  Report  Adopted. 

QUORUM  COUNT 

Rep.  Nighswander  requested  a  quorum  count. 

287  members  having  answered,  a  quorum  was  declared 
present. 

COMMITTEE  OF  CONFERENCE  REPORT 

SB  27,  to  better  protect  the  safety  of  New  Hampshire  citi- 
zens and  law  enforcement  officers  by  changing  penalties  for 
homicide  in  certain  circumstances. 

(Printed  SJ  April  2) 

Rep.  Twigg  explained  the  committee  of  conference  report. 

At  the  request  of  Rep.  Spirou,  Rep.  Currier  ans^vered  ques- 
tions. 

Rep.  Bergeron  non-spoke  against  committee  of  conference 
report  on  SB  27. 

A  division  was  requested. 

It  being  manifestly  in  the  affirmative,  the  Committee  of 
Conference  Report  on  SB  27  was  adopted. 

Rep.  Parr  v;ished  to  be  recorded  in  favor  of  SB  27. 

Reps.  Leonard  Smith,  Underwood,  Dudley,  Hildreth,  and 
Chambers  wished  to  be  recorded  against  SB  27. 


House  Journal,  2Apr74  411 

SENATE  MESSAGE 

ADOPTION  COMMITTEE  OF  CONFERENCE 

REPORTS 

SB  27,  to  better  protect  the  safety  of  New  Hampshire  citi- 
zens and  law  enforcement  officers  by  changing  penalties  for 
homicide  in  certain  circumstances. 

HB  24,  permitting  the  use  of  changeable  effective  date 
designations,  such  as  decals,  on  all  motor  vehicle  and  boat  regis- 
tration plates;  authorizing  the  governor  and  council  to  estab- 
lish temporary  speed  laws;  exempting  certain  functions  relative 
to  motor  vehicle  and  highways  from  the  provisions  of  the  ad- 
ministrative procedures  act;  and  exempting  the  department  of 
fish  and  game  from  procedural  requirements  of  their  rule  mak- 
ing under  Title  XVIII,  until  June  30,  1975. 


COMMITTEE  OF  CONFERENCE  REPORT 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
sixty-five  years  of  age  or  older,  under  certain  circumstances, 
and  compensating  cities  and  towns  for  consequent  loss  of  tax 
base  and  making  an  appropriation  therefor,  and  making  certain 
revisions  in  the  homeowners'  exemption  law. 

(Printed  SJ  April  2) 

Rep.  Sayer  explained  the  committee  of  conference  report. 

(Rep.  Chase  in  the  Chair) 

(discussion) 

Reps.  Read  and  Sununu  spoke  in  favor  of  the  committee 
of  conference  report. 

(Speaker  in  the  Chair) 

Reps.  Splaine,  George  E.  Gordon  and  Paul  McEachern 
spoke  against  the  committee  of  conference  report. 

Rep.  Albert  C.  Jones  spoke  in  favor  of  the  committee  of 
conference  report. 

Reps.  Harvell,  George  I.  Wiggins,  Gerry  F.  Parker  and 
Hall  non-spoke  in  favor  of  the  committee  of  conference  report. 


412  House  Journal,  2Apr74 

Rep.  Belair  spoke  in  favor  of  the  committee  of  conference 
report. 

Rep.  George  E.  Gordon  requested  a  roll  call. 

Seconded  by  Reps.  Harrison,  Splaine,  DeCesare,  Elizabeth 
E.  Goff,  Hodgdon,  Palfrey,  Connors  and  Webb. 

ROLL  CALL 

YEAS:   206     NAYS:   83 

YEAS 

Merrimack  County: 

Kidder,  William  F.,  Thompson,  Arthur  E.,  Bigelow,  Jones, 
Donald  P.,  Parker,  Harry  C,  Deoss,  Hanson,  Boucher,  Laurent 
J.,  Rice,  Goff,  John  B.,  Bartlett,  Perkins,  John  B.,  Cushman, 
Thompson,  Doris  L.,  Humphrey,  James  A.,  Gate,  Andersen, 
Chris  K.,  Davis,  Alice,  McLane,  Newell,  Jones,  H.  Gwendolyn, 
Rich,  Underwood,  Wilson,  Ralph  W.,  Woodward,  Hager, 
Noble. 

Rockingham  County: 

King,  Stimmell,  Benton,  Boucher,  William  P.,  Kashulines, 
Skinner,  Soule,  Thibeault,  George  J.,  Barka,  Gibbons,  Gorman, 
Read,  Senter,  Belair,  Campbell,  Lemay,  Roy,  Vesta  M.,  Sayer, 
Southwick,  Sununu,  Spollett,  Webster,  Clarence  L.,  Cummings, 
Erler,  Goodrich,  Hoar,  Sanborn,  Schwaner,  Simard,  Tavitian, 
Rogers,  Hamel,  Akerman,  Parr,  Smith,  Tony,  Junkins,  Page, 
Stevens,  Elliot  A.,  Ellis,  Greene,  Hammond,  Lockhart. 

Strafford  County: 

Tirrell,  Joncas,  Maloomian,  Chasse,  Peter  N.,  Tanner, 
Tibbetts,  Thompson,  Barbara  C,  Winkley,  Preston,  Tripp, 
Leighton,  Bernard,  Donnelly,  Kincaid,  Parnagian,  Rowell. 

Sullivan  County: 

Townsend,  Sara  M.,  Barrus,  Spaulding,  Roma  A.,  Tucker, 
Burrows,  D'Amante,  Lewko,  Frizzell,  Olden,  Wiggins,  George  I. 

Belknap  County: 

Lawton,  Matheson,  Wuelper,  Bowler,  Roberts,  George  B., 
Twigg,  Pierce,  Maguire,  Murray,  James  W. 

Carroll  County: 

Conley,  Chase,  Claflin. 


House  Journal,  2Apr74  413 

Cheshire  County: 

Johnson,  Edward  A.,  Johnson,  Ehner  L.,  Ladd,  Whipple, 
Savage,  Forcier,  Gordon,  Anne  B.,  Milbank,  Turner,  Streeter, 
Cooke,  Close,  Nims,  Drew,  Scranton. 

Coos  County: 

Hunt,  Burns,  Kidder,  Victor  L.,  Oleson,  Valliere. 

Grafton  County: 

Curran,  Gallen,  Fimlaid,  Bradley,  Richard  L.,  Jones,  An- 
thony K.,  Mann,  Ezra  B.,  Altman,  Jones,  Albert  C,  Warren, 
Roger  K.,  Buckman,  Harrison,  Bell,  Krainak,  Bradley,  David  J., 
Chambers,  Copenhaver,  Nutt,  Duhaime,  Eaton,  Myrl  R.,  Sy- 
mons,  Townsend,  Madeline  G. 

Hillsborough  County: 

Humphrey,  Howard  S.,  Withington,  Eaton,  Clyde  S., 
Heald,  Philip  C,  Warren,  E.  George,  Colburn,  Archambault; 
Orcutt,  Knight,  Roy,  Antonio  J.,  Perkins,  Arnold  B.,  Harvell, 
Nelson,  Van  Loan,  Bragdon,  Coburn,  Ferguson,  Langdell,  Boyd, 
Hall,  Carswell,  Dwyer,  Geiger,  Bergeron,  Smith,  Leonard  A., 
Currier,  Seamans,  Ethier,  McLaughlin,  Cobleigh,  Parker,  Gerry 
F.,  Record,  Zechel,  Tropea,  Woodruff,  Cote,  Margaret  S.,  Ga- 
briel, Lefebvre,  McGlynn,  Boisvert,  Mason,  Daniels,  Milne, 
Zachos,  Nardi,  Cullity,  Healy,  Daniel  J.,  McDonough,  Clancy, 
Drewniak,  Sullivan,  Mary  J.,  MacDonald,  O'Neil,  Dorthea  M., 
Thibeault,  P.  Robert,  Burke,  Grady,  O'Connor,  Timothy  K., 
Gillmore. 

NAYS 

Merrimack  County: 

Chandler,  Enright,  Gamache,  Gordon,  George  E.,  Plourde, 
Kopperl,  Mattice,  Wiggin,  Elmer  S.,  Daniell. 

Rockingham  County: 

Davis,  Roy  W.,  Wilson,  Helen  F.,  MacGregor,  DeCesare, 
Goff,  Elizabeth  E.,  Brown,  Benjamin  A.,  CoUishaw,  Eastman, 
Twardus,  Scamman,  Wolfsen,  Maynard,  Palfrey,  Splaine,  Dame, 
McEachern,  Joseph  A.,  Connors,  Hodgdon,  McEachern,  Paul. 

Strafford  County: 

Dawson,  Harvey,  Colby,  Dudley,  Bouchard,  Ruel,  O'Con- 
nor, Roderick  H.,  McManus. 


414  House  Journal,  2Apr74 

Sullivan  County: 

Rousseau,  Brodeur,  Scott. 

Belknap  County: 

French,  Marsh,  Nighswander,  Hood,  Hildreth,  Randlett, 
Sabbow. 

Carroll  County: 

Howard,  Donalda  K.,  Davis,  Dorothy  W.,  Allen,  Webster, 
T.  Anne. 

Cheshire  County: 

Stevens,  Anthony,  Marshala. 

Coos  County: 

Huggins,  Metcalf,  Bushey,  Fortier,  Pryor,  Brungot,  Gag- 
non,  Rebecca,  Theriault. 

Grafton  County: 

Stevenson,  Clark,  Anderson,  Fayne  E.,  Webb. 

Hillsborough  County: 

Eaton,  Joseph  M.,  Mann,  Arthur  F.,  Murray,  Fred  E., 
Thomson,  Harold  E.,  Spalding,  Kenneth  W.,  Lyons,  Alukonis, 
Bednar,  Rock,  Coutermarsh,  Erickson,  Lebel,  Murphy,  Spirou, 
Bruton,  Gardner,  Taber,  Sweeney,  Normand. 

and  Committee  of  Conference  Report  on  SB  2  was  adopted. 

SENATE  MESSAGE 

ADOPTION  COMMITTEE  OF  CONFERENCE 
REPORT 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
sixty-five  years  of  age  or  older,  under  certain  circumstances,  and 
compensating  cities  and  towns  for  consequent  loss  of  tax  base 
and  making  an  appropriation  therefor,  and  making  certain  re- 
visions in  the  homeowners'  exemption  law. 

On  motion  of  Rep.  Chase  the  House  recessed  until  11:00 
a.m.  tomorrow. 

AFTER  RECESS 


House  Journal,  2Apr74  415 

ENROLLED  BILLS  REPORT 

HB  24,  permitting  the  use  of  changeable  effective  date  des- 
ignations, such  as  decals,  on  all  motor  vehicle  and  boat  registra- 
tion plates;  authorizing  the  governor  and  council  to  establish 
temporary  speed  laws;  exempting  certain  functions  relative  to 
motor  vehicle  and  highways  from  the  provisions  of  the  admin- 
istrative procedures  act;  and  exempting  the  department  of  fish 
and  game  from  procedural  requirements  of  their  rule  making 
under  Title  XVIII,  until  June  30,  1975;  and  providing  certain 
free  motor  vehicle  privileges  to  disabled  veterans. 

SB  27,  to  better  protect  the  safety  of  New  Hampshire  citi- 
zens and  law  enforcement  officers  by  changing  penalties  for 
homicide  in  certain  circumstances. 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
sixty-five  years  of  age  or  older,  luider  certain  circumstances, 
and  compensating  cities  and  towns  for  consequent  loss  of  tax 
base  and  making  an  appropriation  therefor,  and  making  certain 
revisions  in  the  homeowners'  exemption  law. 

Maurice  W.  Read 
For  the  Committee 

COMMUNICATIONS 

To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  have  allowed  House  Bill  37,  a  bill  to  repeal  the  prohibi- 
tion against  hitchhiking  and  soliciting  of  rides  on  some  high- 
ways in  the  state,  to  become  law  without  my  signature. 

Some  42  Representatives  petitioned  me  to  veto  the  bill. 
A  number  of  Legislators  spoke  to  me  personally,  urging  a  veto. 
Several  la^v  enforcement  officials  also  asked  me  to  veto  it. 

House  Bill  37  and  its  predecessor  in  the  regular  session, 
both  sponsored  by  Representative  Gerry  Parker,  have  had  a 
strange  legislative  history. 

In  the  regular  session  a  bill  to  repeal  RSA  262-A:38,  the 
hitchhiking  statute,  passed  both  houses  of  the  Legislature  with 
little  difficulty. 


416  House  Journal,  2Apr74 

Thereafter  the  bill  which  should  have  gone  to  the  Gov- 
ernor for  his  action  mysteriously  disappeared.  Although  passed 
by  the  Legislature  it  never  arrived  at  the  Governor's  office. 

Some  months  later  it  was  miraculously  discovered  in  a  desk 
drawer. 

The  subject  matter  was  reintroduced  in  the  special  session 
as  House  Bill  37.  This  was  done  only  ^vith  the  approval  of  the 
powerful  Rules  Committee. 

There  was  a  public  hearing  on  the  bill  at  which  no  legisla- 
tor spoke  against  it.  Only  one  law  enforcement  official  and  one 
state  official  appeared  against  the  bill. 

It  literally  sailed  through  both  houses  for  a  second  time. 

Now  when  it  has  reached  the  Governor's  desk,  I  am  sud- 
denly urged  to  veto  it  by  voices  of  opposition  strangely  silent 
until  this  moment. 

Actually,  I  think  this  is  a  poor  law.  Instead  of  repealing 
our  hitchhiking  statute  I  believe  its  scope  should  be  widened 
and  its  effect  strengthened. 

Hitchhikers  have  been  stopped  by  the  police  on  more  than 
one  occasion  and  found  carrying  drugs. 

Homosexuals  are  known  to  have  an  eye  on  the  make  for 
hitchhikers. 

Hitchhiking  can  and  frequently  is  fraught  with  danger  for 
both  hiker  and  driver.  It  definitely  should  be  discouraged.  But 
it  never  will  be  if  a  bill  to  repeal  the  prohibition  against  hitch- 
hiking can  with  ease  negotate  the  perilous  legislative  obstacle 
course. 

A  veto  would  not  in  this  case  solve  the  problem.  Only  a 
seriously  aroused  public  can  do  that  by  means  of  an  effective 
educational  program. 

If  hitchhiking  is  inherently  dangerous,  as  I  believe  it  to  be, 
then  we  should  enact  a  sound,  comprehensive  hitchhike  law.  I 
am  prepared  to  join  forces  with  all  law  enforcement  branches  to 
achieve  such  a  goal. 

But  veto  of  a  bill  twice  passed  with  only  minor  opposition 
is  not  the  way  to  a  good  hitchhike  law. 

Meldrim  Thomson,  Jr. 


House  Journal,  2Apr74  417 

To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

With  genuine  concern  I  approve  Senate  Bill  3.  In  the 
regular  session  I  vetoed  similar  legislation. 

This  bill  provides  for  a  40  hour  work  week  for  law  enforce- 
ment employees  and  adds  to  their  annual  salary  compensation 
equivalent  to  8  hours  per  week  or  416  hours  per  year. 

It  applies  to  liquor  investigators,  safety  inspectors,  motor 
vehicle  investigators,  probation  officers  and  all  law  enforcement 
employees  of  the  Department  of  Resources  and  Economic  De- 
velopment. 

It  will  cost  the  taxpayers  of  our  State  an  extra  $68,081  per 
year. 

A  similar  bill  passed  in  the  regular  session  received  my  veto 
because  it  represented  special  legislation  for  a  small  group  of 
recipients.  I  believe  that  this  kind  of  legislation  should  include 
all  state  employees,  not  just  a  select  few. 

Since  taking  office  I  have  pleaded  with  the  Legislature  to 
adopt  uniform  legislation  providing  time  and  a  half  for  all  state 
employees  who  work  40  hours  or  more. 

Twice  in  this  special  session  I  asked,  through  my  aides,  that 
the  Senate  consider  holiday  pay  for  conservation  officers  and  yet 
no  provision  was  made  for  this  very  worthy  segment  of  our  law 
enforcement  arm  in  the  State. 

When  I  called  the  Legislature  into  special  session  it  was  to 
take  care  of  a  few  important  emergency  matters.  This  bill  does 
not  fall  into  the  category  of  urgent  or  emergency  legislation.  It 
is  unfortunate  indeed  to  add  $68,000  a  year  to  the  tax  burden 
carried  by  our  people  and  then  provide  only  for  a  small  segment 
of  those  state  employees  who  deserve  time  and  a  half  pay  when 
working  over  40  hours. 

This  is  piecemeal  and  pressure  legislation.  It  is  unfortunate 
to  enact  it  and  leave  undone  what  should  be  done  for  all  em- 
ployees. 

I  sincerely  hope  that  at  the  next  session  the  Legislature  will 
exhibit  that  statesmanship  that  from  time  to  time  flashes  bright- 
ly across  the  oft  dull  pages  of  its  journals;  and  correct  the  great 


418  House  Journal,  2Apr74 

inequity  that  exists  for  all  state  employees  who  are  not  yet  paid 

time  and  a  half  for  all  time  over  40  hours  per  week. 

Meldrim  Thomson,  Jr. 


To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  have  signed  with  pleasure  House  Bill  21,  which  provides 
that  the  State  Department  of  Education  may  designate  and 
review  the  standards  of  non-public  schools  which  will  receive 
state  funds. 

Never  again  will  the  State  have  to  go  through  the  torment 
of  being  unable  to  deal  adequately  with  situations  such  as  the 
Rivendell  School  in  Loudon  in  which  State  money  was  pay- 
ing for  pupils  in  the  school  but  the  State  had  no  authority  to 
approve  or  disapprove  its  educational  program. 

House  Bill  21  also  provides  for  a  chancellor  to  be  appointed 
to  supervise  the  University  system.  It  will  provide  a  more  co- 
ordinated approach  to  our  three-campus  University  network  at 
Keene,  Plymouth  and  Durham.  This  will  allow  the  University 
presidents  to  devote  their  full  time  to  maintaining  good  educa- 
tional standards  and  administration  at  their  respective  campuses, 
while  the  chancellor  will  be  able  to  foster  cooperation  and  co- 
ordination so  badly  needed  in  this  time  of  spiraling  education 
costs. 

Meldrim  Thomson,  Jr. 


To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  am  happy  to  sign  SB  26  which  provides  for  retirement 
benefits  for  Supreme  Court  Justices  and  Superior  Court  Judges. 

Shortly  after  I  assumed  office  I  appointed  a  Governor's 
Commission  on  Court  System  Improvement  under  the  chair- 
manship of  Superior  Court  Judge  Maurice  Bois. 

The  Commission  has  worked  conscientiously  on  an  in- 
depth  review  of  the  judicial  system  of  New  Hampshire.  This 
bill  is  the  first  concrete  result  of  the  extensive  study  of  the 
Governor's  Commission. 


House  Journal,  2Apr74  419 

While  the  Commission  has  not  completed  its  review  of  the 
judicial  system  in  its  entirety  it  felt  that  there  was  a  real  need 
to  provide  a  retirement  system  for  Supreme  Court  Justices  and 
Superior  Court  Judges. 

Without  a  responsible  retirement  system  for  our  judiciary 
it  will  become  more  and  more  difficult  to  attract  outstanding 
lawyers  to  serve  the  citizens  of  this  state  as  judges. 

Senate  Bill  26  is  a  constructive  piece  of  legislation  that 
will  provide  that  after  age  70  a  judge  will  receive  3^  of  his 
salary  and  that  in  the  event  of  his  death,  that  his  widow  and 
family  will  receive  1/4  of  his  annual  salary. 

I  especially  commend  the  Governor's  Commission  on 
Court  System  Improvement  for  its  continuing  efforts  towards 
modernizing  our  judiciary  in  New  Hampshire. 

Meldrim  Thomson,  Jr. 


To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  am  happy  to  sign  Senate  Bill  12  and  thus  improve  the 
condition  of  the  approximate  20,000  persons  who  own  mobile 
homes.  With  this  legislation  it  should  be  clear  that  New  Hamp- 
shire accepts  mobile  homes  as  an  intregal  part  of  the  housing 
facilities  for  our  people. 

In  its  original  form  as  proposed  by  Senator  Nixon,  Senate 
Bill  12  provided  that  the  Attorney  General  become  involved  in 
the  drafting,  approval  and  enforcement  of  regulations  effective 
in  mobile  home  parks.  This  proposition  was  deemed  unaccep- 
table by  the  Attorney  General  and  by  tenant  and  parkowner 
spokesmen  alike.  The  bill  was  then  completely  changed  and  in 
its  new  form  marks  a  significant  step  forward  in  this  important 
aspect  of  New  Hampshire's  housing  market. 

In  its  totally  amended  form  it  adjusts  the  mobile  home- 
owner's "bill  of  rights"  so-called,  by  requiring  park  owners  to 
plainly  post  the  law  and  all  of  their  regulations,  which  under 
the  present  law  must  be  reasonable.  The  new  bill  strengthens 
the  rules  protecting  tenants  while  restoring  incentives  for  the 
development  of  good  mobile  home  parks  to  meet  the  housing 
needs  of  our  citizens. 


420  House  Journal,  2Apr74 

The  combined  support  of  tenants  and  park  owners  is  espe- 
cially gratifying  since  it  marks  a  new  era  of  mutual  progress 
towards  better  housing  for  the  people  of  New  Hampshire. 

Meldrim  Thomson,  Jr. 

RECESS 

House  Clerk's  Office 

PROCEDURES  FOR  BILL  HANDLING 
FOLLOWING  FINAL  ACTION 

1.  Final  action  by  both  bodies. 

2.  Presented  to  Secretary  of  State  for  enrolling. 

3.  From  Secretary  of  State  to  Office  of  Legislative  Services 
for  enrolling  process. 

4.  Following  technical  process  bill  is  returned  to  Secretary  of 
State. 

5.  Secretary  of  State  prepares  report  for  the  committee  on 
enrolled  bills. 

6.  If  an  enrolled  bills  amendment  is  required,  the  Office  of 
Legislative  Services  prepares  the  enrolled  bills  amendment 
and  report.  After  both  houses  have  adopted  the  amendment 
the  bill  is  returned  to  the  Office  of  Legislative  Services  for 
final  enrolling  process.  After  process  is  completed,  bill  is 
returned  to  Secretary  of  State  for  the  preparation  of  the 
report  of  the  enrolled  bills  committee. 

7.  In  the  case  of  an  enrolled  bills  report,  a  member  of  the 
committee  in  each  house  signs  the  report  for  his  respective 
house. 

8.  In  all  cases  the  reports  are  distributed  simultaneously.  In 
the  event  of  an  enrolled  bills  amendment,  the  joint  com- 
mittee on  enrolled  bills  offers  the  enrolled  bills  amendment 
to  the  last  house  to  have  possession  for  adoption  and  then 
to  the  second  house  for  adoption. 

9.  Both  houses  must  adopt  the  enrolled  bills  committee  re- 
port. 


House  Journal,  2Apr74  421 

10.  After  each  house  has  adopted  the  enrolled  bills  report  the 
clerk  of  each  house  notifies  the  Secretary  of  State. 

11.  The  Secretary  of  State  shall  present  the  bill  to  the  clerks  of 
each  house  for  docketing  and  to  the  presiding  officers  of 
both  houses  for  signature. 

12.  Secretary  of  State  presents  bill  to  Governor  for  action  and 
messages  the  date  and  time  of  the  presentation  to  the  clerks 
of  both  houses. 

13.  Governor  takes  action  on  bill  and  returns  to  Secretary  of 
State. 

14.  Secretary  of  State  messages  the  date  and  time  of  bill's  re- 
turn to  him  and  the  action  by  the  Governor  to  the  clerks 
of  both  houses. 

15.  The  clerks  of  both  houses  will  cause  to  be  printed  in  the 
journal  the  reports  sent  by  the  Secretary  of  State. 

BILLS  PRESENTED  TO  THE  GOVERNOR 
ON  MARCH  28,  1974 

SB  7,  relative  to  capital  improvements  to  the  Mount  Wash- 
ington summit  and  making  an  appropriation  therefor. 

SB  26,  providing  for  retirement  benefits  for  supreme  and 
superior  court  justices. 

SB  31,  authorizing  the  cities  of  Berlin  and  Keene  to  ac- 
quire, develop  and  operate  industrial  parks  within  each  such 
city  and  to  aid  the  construction  and  expansion  of  industrial 
facilities  within  each  such  city  by  the  issue  of  revenue  bonds. 

SJR  3,  establishing  a  committee  to  study  highway  safety 
and  motor  vehicle  weight,  length  and  width  requirements. 

BILLS  SIGNED  BY  THE  GOVERNOR: 

April  1,  1974 

HB  27,  relative  to  amending  certain  provisions  of  the  Off 
Highway  Recreational  Vehicle  Law,  RSA  269-C. 

HB  32,  relative  to  the  commission  and  taxes  on  pari-mutuel 
pools  at  dog  tracks. 

BILL  ENACTED  IN  ACCORDANCE  WITH  ARTICLE 
44,  Pt.  II  OF  THE  N.  H.  CONSTITUTION,  WITHOUT 
SIGNATURE  OF  GOVERNOR,  April  2,  1974. 


422  House  Journal,  2Apr74 

HB  3,  relative  to  establishment  of  a  food  stamp  program 
and  making  an  appropriation  therefor. 


BILLS  PRESENTED  TO  THE  GOVERNOR 

April  3,  1974 

HB  1,  making  supplemental  appropriations  for  expenses 
of  certain  departments  of  the  state  for  the  fiscal  years  ending 
June  30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes. 

HB  2,  making  appropriations  for  capital  improvements. 

HB  4,  providing  supplemental  grants  to  families  with  de- 
pendent children  and  making  an  appropriation  therefor  and 
authorizing  consolidated  grant  standards  for  categorical  assis- 
tance excluding  shelter. 

HB  11,  to  increase  the  salaries  of  classified  employees  and 
employees  of  the  university  system  and  the  New  Hampshire 
Network  and  providing  differential  pay  to  classified  prison  em- 
ployees and  correctional  psychiatric  aides  and  providing  nur- 
ses' reclassification  at  the  New  Hampshire  Hospital  and  Laconia 
State  School  and  making  appropriations  therefor. 

HB  18,  requiring  local  option  for  siting  of  oil  refineries. 

HB  24,  permitting  the  use  of  changeable  effective  date 
designations,  such  as  decals,  on  all  motor  vehicle  and  boat  regis- 
tration plates;  authorizing  the  governor  and  council  to  establish 
temporary  speed  laws;  exempting  certain  functions  relative  to 
motor  vehicle  and  highways  from  the  provisions  of  the  adminis- 
trative procedures  act;  and  exempting  the  department  of  fish 
and  game  from  procedural  requirements  of  their  rule  making 
under  Title  XVHI,  until  June  30,  1975;  and  providing  certain 
free  motor  vehicle  privileges  to  disabled  veterans. 

HB  29,  relative  to  tuition  payments  for  handicapped  chil- 
dren; amending  the  appropriation  for  same;  defining  a  handi- 
capped child  as  a  person  up  to  the  age  of  twenty-one;  and  pro- 
viding for  educational  and  other  expenses  in  public  institutions. 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill. 


House  Journal,  2Apr74  423 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public  and  authorizing  bond- 
ing therefor;  provided  that  if  the  1975  General  Court  by  vote 
of  both  houses  prior  to  March  13,  1975  evidences  its  approval 
the  foregoing  authority  shall  on  that  date  be  transferred  to  the 
New  Hampshire  transportation  authority  and  the  public  utili- 
ties commission's  authority  shall  be  terminated. 

HB  33,  relative  to  the  Winnipesaukee  River  Basin  Con- 
trol and  providing  for  continuation  of  the  study  committee  on 
water  supply  and  pollution  control  commission. 

HB  34,  relative  to  energy  facility  evaluation,  siting,  con- 
struction and  operations;  providing  for  a  tax  on  refined  petrol- 
eum products  and  establishing  an  energy  facility  study  com- 
mittee. 

HB  35,  providing  for  twenty  years  retirement  for  mem- 
bers of  group  II  under  the  New  Hampshire  Retirement  Sys- 
tem, permitting  the  transfer  of  members  of  the  New  Hamp- 
shire Firemen's  Retirement  System  and  of  the  New  Hampshire 
Policemen's  Retirement  System  into  the  New  Hampshire  Re- 
tirement System  and  making  an  appropriation  therefor. 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
sixty-five  years  of  age  or  older,  under  certain  circumstances, 
and  compensating  cities  and  towns  for  consequent  loss  of  tax 
base  and  making  an  appropriation  therefor,  and  making  cer- 
tain revisions  in  the  homeowners'  exemption  law. 

SB  9,  legalizing  certain  special  town  meetings  in  Wilmot, 
Pittsfield,  Enfield,  Salisbury,  and  Salem:  1974  annual  town 
meetings  in  Rye,  New  Castle,  Exeter,  Salisbury,  Enfield,  Brent- 
wood, Chester  and  Bethlehem;  the  Seabrook,  Gilford  and  Ha- 
verhill school  district  meetings;  the  special  Hampton  Falls 
school  district  meeting;  the  Warner  village  fire  district  pro- 
ceedings and  the  February  19,  1974  postings  of  March  5,  1974 
town  and  school  meetings. 

SB  10,  establishing  a  sire  stakes  program  and  a  standard- 
bred  breeders  and  owners  development  agency,  and  making  an 
appropriation  therefor. 


424  House  Journal,  1 1  Apr74 

SB  17,  relative  to  the  New  Hampshire  Port  Authority,  the 
construction  of  fishing  facilities  at  Portsmouth,  Hampton  and 
Rye  harbors,  and  the  location  of  marine  science  docking  and 
related  facilities  for  the  university  of  New  Hampshire  and  mak- 
ing an  appropriation  therefor. 

SB  18,  providing  additional  cost  of  living  increases  for  re- 
tired members  of  the  N.  H.  Teacher's  Retirement  System,  the 
N.  H.  Policemen's  Retirement  System,  the  N.  H.  Firemen's  Re- 
tirement System,  the  N.  H.  Retirement  System  and  the  State 
Employees  Retirement  System,  and  making  an  appropriation 
therefor;  providing  for  compensatory  contributions  for  inter- 
rupted service;  and  providing  for  an  actuarial  study  of  prefund- 
ing  to  be  paid  out  of  escro^ved  funds  derived  from  an  interest 
assumption  change. 

SB  23,  relative  to  the  membership  of  municipal  planning 
boards,  conservation  commissions  and  historic  district  com- 
missions. 

SB  27,  to  better  protect  the  safety  of  Neii\^  Hampshire  citi- 
zens and  law  enforcement  officers  by  changing  penalties  for 
homicide  in  certain  circumstances. 

On  motion  of  Rep.  Hanson  the  House  adjourned  at  11:55 
a.m.  to  meet  Thursday,  April  1 1  at  10:00  a.m. 


Thursday^  llApr74 

The  House  met  at  1 1 :00  o'clock. 

(Deputy  Speaker  in  Chair) 

Prayer  was  offered  by  House  Chaplain  Rev.  Joseph  Y. 
Beaulieu. 

O  Lord  our  God,  on  this  last  day  of  this  Special  Session, 
hear  our  prayers  and  bless  us.  May  the  task  accomplished  be  a 
sign  of  hope  for  men  and  give  You  fitting  praise. 

We  pray  also  for  our  country.  Guide  it  through  these  dif- 
ficult times  and  bring  it  to  ne^v  heights  of  accomplishment. 

Through  Christ  Our  Lord.  Amen. 

PLEDGE  OF  ALLEGIANCE 
Rep.  Hanson  led  the  Pledge  of  Allegiance. 


House  Journal,  11Apr74  425 

LEAVES  OF  ABSENCE 

Reps.  Goodrich,  Chris  K.  Andersen  and  Nims,  the  day, 
important  business. 

Rep.  Mabel  L.  Richardson  and  Donalda  K.  Howard,  the 
day,  illness. 

COMMUNICATIONS 

To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  am  signing  today  House  Bill  No.  1,  the  Supplemental 
Operating  Budget,  providing  additional  appropriations  for  the 
fiscal  years  1974  and  1975. 

This  Supplemental  Operating  Budget  appropriates  $4,103,- 
314.  It  provides,  primarily,  for  the  deficits  which  would  occur 
in  the  various  departmental  and  agency  budgets  due  to  the 
energy  crisis.  It  is  a  reasonable  figure  in  view  of  the  severe  dis- 
locations that  inflation  and  energy  shortages  have  caused  in 
many  of  our  state  budgets. 

I  commend  Representative  Arthur  Drake,  Chairman  of 
the  Appropriations  Committee  and  his  colleagues  for  preparing 
a  no-nonsense,  sensible  supplemental  budget  for  the  State  of 
New  Hampshire. 

Meldrim  Thomson,  Jr. 


To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  am  signing  House  Bill  No.  2,  that  provides  for  the  Capital 
Budget  for  the  State  of  New  Hampshire  for  the  fiscal  years  1974, 
and  1975. 

This  bill  would  raise,  for  capital  improvements,  $27,413,- 
900. 

While  this  bill  appropriates  approximately  $7,000,000  less 
than  the  capital  budget  which  I  vetoed  last  year,  the  allocations 
for  capital  improvements  in  this  and  companioned  bills  such  as 
the  Mt.  Washington,  Railroad,  and  Port  Authority  would  carry 
the  total  capital  appropriations  to  a  figure  slightly  higher  than 
that  proposed  by  the  legislature  last  year. 


426  House  Journal,  11Apr74 

There  are  a  number  of  bad  practices  and  features  in  House 
Bill  No.  2.  The  most  glaring  of  these  are  as  follows. 

1.  This  bill  authorizes  30  year  bonds  for  financing  parts 
of  it.  For  the  state  to  resort  to  30  year  financing  at  the  present 
high  cost  of  interest  rates  is  a  very  poor  and  uneconomical  prac- 
tice. It  means  that  future  citizens  of  New  Hampshire  will  be 
paying  for  the  unthrifty  habits  we  practice  today. 

2.  This  bill  perpetuates  what  seems  to  be  a  growing  practice 
on  the  part  of  the  legislature  to  preempt  executive  responsibility 
heretofore  exercised  by  Governor  and  Council  as  the  elective 
representatives  of  the  executive  branch.  For  example,  section 
23  of  the  bill  confers  on  a  joint  committee  on  legislative  facili- 
ties authority  for  remodeling  or  construction  of  the  old  Post 
Office  building.  Section  24  of  the  bill  does  the  same  for  the  con- 
struction of  a  legislative  parking  facility.  I  believe  it  to  be  a  bad 
practice  to  bypass  Governor  and  Council  in  the  construction  of 
any  state  buildings.  If  the  contracts  for  legislative  facilities  are 
not  to  be  reviewed  by  Governor  and  Council,  as  is  the  general 
practice  with  all  state  facilities  and  thus  serve  as  a  salutary  check 
on  the  legislative  branch,  this  practice  might  someday  lead  to 
unfortunate  results. 

3.  It  is  unfortunate  that  House  Bill  No.  2  continues  to 
overemphasize  the  construction  of  facilities  on  the  University 
campus  to  the  neglect  of  the  urgent  need  for  state  buildings  by 
our  various  departments  and  agencies.  The  state  now  pays  over  a 
million  dollars  a  year  in  rent  alone  for  office  space  scattered  all 
over  Concord  and  to  a  lesser  degree  in  other  parts  of  the  state. 

4.  The  bill  appropriates  more  than  two  million  dollars 
for  many  dormitories  on  the  University  campus.  It  is  said  by 
some  that  this  expense  would  be  so  self-liquidating  because  the 
rentals  from  the  use  of  the  dormitories  would  eventually  wipe 
out  the  indebtedness.  I  would  point  out  that  this  kind  of  financ- 
ing is  nothing  less  than  issuing  a  letter  of  credit  to  the  University 
for  future  expenditure.  The  money  never  comes  back  to  the 
General  Fund. 

Further,  I  am  very  much  opposed  to  building  any  further 
facilities  on  the  University  campus  until  the  Gay  Problem  can 
be  resolved  satisfactorily.  There  are,  however,  several  bright 
features  to  the  capital  budget. 

I  am  delighted  that  it  provides  for  an  urgently  needed 


House  Journal,  11  Apr74  427 

new  facility  at  the  Soldiers'  Home.  Also,  I  am  very  pleased  that 
the  automobile  addition  for  the  Nashua  VocTechnical  School 
and  the  health  addition  for  the  Claremont  VocTechnical  School 
are  included  in  this  bill.  The  bill  also  carries  with  it  $15,000  for 
a  feasibility  study  for  snowmaking  machinery  at  Sunapee  State 
Park. 

The  legislature  has  had  an  opportunity  to  carefully  re- 
examine capital  budget  items  as  a  result  of  my  veto  of  the  ex- 
cessively high  capital  budget  of  last  year.  While  this  is  far  from 
a  perfect  budget  bill,  it  is  one  that  we  can  live  with.  Progress  for 
our  state  requires  that  1  sign  this  bill  despite  it's  several  un- 
fortunate features. 

Meldrim  Thomson,  Jr. 


To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  am  signing  Senate  Bill  No.  18  which  provides  for  a  cost 
of  living  increase  for  the  retired  personnel  of  our  state. 

This  bill  will  cost  the  State  of  New  Hampshire  for  the  fiscal 
years  1974-75  $1,867,100.  State  officials  estimate  that  in  the  next 
biennium  this  figure  will  rise  to  approximately  21/9  million  and 
then  begin  to  taper  off.  To  enact  a  bill  such  as  Senate  Bill  No. 
18  is  one  of  the  reasons  why  I  called  the  legislature  into  special 
session.  I  believe  that  there  is  an  urgent  need  to  provide  some 
relief  for  the  retirees  of  our  state  system  from  the  spiraling  costs 
of  inflation.  I  am  pleased  that  the  legislature  has  responded  to 
this  need. 

Meldrim  Thomson,  Jr. 


To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  am  signing  House  Bill  No.  34  which  is  the  refinery  bill. 

This  bill  had  strong  support  in  both  houses  of  the  legisla- 
ture which  indicates  that  the  representative  of  the  people  do 
want  a  refinery  in  the  State  and  have  responded  to  the  need  for 
more  energy  for  our  people  by  enacting  a  bill  that  balances  the 
concerns  of  the  environmentalists  for  the  need  for  the  produc- 
tion of  more  energy. 


428  House  Journal,  11  Apr74 

There  was  an  attempt  made  in  the  Senate  to  require  that 
any  offshore  unloading  facility  be  sited  20  miles  out  to  sea.  This 
would  have  sounded  the  death  knell  to  any  attempt  to  attract 
a  refinery  for  New  Hampshire.  Fortunately,  wise  counsel  on  this 
issue  prevailed  and  this  proposal  was  dropped  in  the  negotia- 
tions at  the  conference  committee  level. 

I  am  also  signing  the  related  refinery  bill  namely,  House 
Bill  18,  requiring  local  option  for  siting  of  oil  refineries. 

In  it's  final  form,  House  Bill  18  simply  reiterates  what  the 
legislature  had  earlier  indicated  should  be  the  policy  with  re- 
spect to  siting  refineries  in  New  Hampshire;  namely,  that  Home 
Rule  should  be  the  determining  factor  as  to  the  location  of  a 
refinery  in  a  given  town. 

Meldrim  Thomson,  Jr. 


To  the  Honorable  Members  of  the 
General  Court 

I  have  decided  to  allo^v  House  Bill  4  to  become  law  without 
my  signature. 

I  take  this  step  with  gieat  reluctance  because  I  have  serious 
questions  about  this  legislation  and  it's  impact  on  our  stagger- 
ing welfare  problem. 

Although  the  bill  provides  a  version  of  the  flat  grant  we 
need  so  badly  to  reduce  our  astounding  overpayment  and  fraud 
rates,  it  unfortunately  retains  some  of  the  features  which  has 
resulted  in  New  Hampshire  having  an  overpayment  rate  of 
40.9%.  This  is  the  highest  overpayment  rate  in  the  nation  for 
AFDC  cases. 

By  removing  shelter  costs  from  the  flat  grant,  the  bill  has 
destroyed  efforts  to  base  payments  to  recipients  on  an  equitable 
basis. 

In  addition,  the  bill  retains  the  much  abused  special  cir- 
cumstances in  the  area  of  shelter  costs.  Because  the  root  cause 
still  exists,  we  can  still  see  abuses  in  moving,  purchaes,  furniture, 
and  similar  things. 

I  believe  the  gravity  of  this  situation  and  the  disastrous 
effects  it  can  have  on  our  state  budget  have  escaped  many  and 
have  been  intentionally  hidden  by  others. 


House  Journal,  11Apr74 


429 


The  fact  is,  we  stand  to  lose  a  large  amount  of  federal 
money  if  we  do  not  reduce  our  overpayment  and  fraud  rates. 
The  federal  government  has  taken  a  no-nonsense  approach  to 
this  problem  and  New  Hampshire  stands  to  lose  more  in  pro- 
position than  other  states. 

The  real  effect  of  HB  4  may  not  be  to  reduce  the  Division 
of  Welfare's  anticipated  $2.9  million  loss,  but  to  place  New 
Hampshire,  in  some  cases,  among  the  top  ten  states  in  the  size 
of  per  capita  of  welfare  payments. 

As  can  be  seen  from  the  attached  table  the  number  of  case 
loads  in  the  previous  10  years  has  almost  doubled.  Since  the 
biennium  of  70-71,  this  State  has  added  over  10,000  new  case 
loads  to  our  welfare  program  roles. 

The  total  overall  division  of  the  welfare  appropriations  has 
increased  from  a  $21  million  level  in  the  64-65  biennium  to  a 
$91  million  level  in  the  biennium  of  72-73. 

This  bill  for  the  biennium  of  74-75  provides  for  a  total  of 
$119  million   (+)   for  our  welfare  programs. 

The  increase  in  the  biennium  General  State  Fund  expendi- 
tures has  risen  from  $6  million  in  64-65  to  an  horrendous  level 
of  this  bill  for  74-75  of  over  $39.5  million. 


DIVISION  OF  WELFARE  APPROPRIATIONS 


64-65 

6,178,522 

15,126,133       21,304,655 

12,599 

66-67 

8,781,655 

16,790,268      25,571,923 

12,804 

(+205) 

68-69 

12,583,411 

24,545,548       37,128,959 

13,597 

(+793) 

70-71 

16,896,309 

37,548,965      54,445,274 

18,079 

(+4,482) 

72-73 

28,281,676 

62,643,179       90,924,855 

24,372 

(+6,293) 

74-75 

39,636,178* 

80,220,465*   119,856,643* 

(+11,773) 

•Includes 

GENERAL 

FEDERAL 

TOTAL 

Contingent    Liability            3,804,717 

6,220,887 

10,025,604 

HB3     Food  Stamp 

1,353,918 

432,253 

1,786,171 

HB4     AFDC  Supp.   Grants               641,476 

1,048,842 

1,690,318 

It  is  these  types  of  considerations  which  dictated  my  deci- 
sion to  allow  the  bill  to  become  law  without  my  signature. 

Meldrim  Thomson,  Jr. 


430  House  Journal,  11Apr74 

To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  have  signed  House  Bill  1 1  which  provides  for  a  salary 
increase  of  $520  per  year  for  all  state  employees  effective  June 
21,  1974.  This  will  cost  the  State  during  the  next  fiscal  year 
S4.303,626. 

I  was  glad  to  sign  the  bill  in  view  of  the  continued  erosion 
of  employees  salaries  due  to  inflation  and  despite  the  substan- 
tial pay  increase  voted  by  the  Legislature  at  the  regular  session. 

With  this  increase  plus  the  pay  increase  for  state  employees 
last  year,  it  is  my  belief  that  state  employees  have  received 
within  a  twelve  month  period  the  highest  pay  increase  in  many 
years. 

House  Bill  11  unfortunately  contains  a  number  of  dis- 
criminatory provisions  Avhich  will  create  unrest  with  our  state 
employees. 

I  believe  it  important  that  our  Legislature  begin  work  now 
for  a  fair  sensible  and  equitable  pay  bill  that  will  treat  all  state 
employees  doing  similar  work  on  an  equal  basis.  As  a  guide  for 
such  a  study  I  call  attention  to  the  following  discriminatory 
provisions  of  House  Bill  1 1 . 

1.  The  bill  discriminates  between  employees  at  the  Soldiers' 
Home  and  Home  for  the  Elderly  and  those  at  Laconia  State 
School  and  Training  Center,  New  Hampshire  Youth  Develop- 
ment Center  and  the  New  Hampshire  Hospital,  inasmuch  as 
employees  actively  engaged  in  the  care  and  treatment  of  patients 
at  the  latter  three  institutions  in  addition  to  receiving  the  $520 
that  all  state  employees  receive,  will  receive  an  additional  $5.00 
a  week  or  $260  per  year.  This  means  that  an  attendant  at  the 
New  Hampshire  Hospital  taking  care  of  elderly  patients  will 
receive  $5.00  a  week  more  than  the  same  attendant  at  the  Home 
for  the  Elderly  performing  identical  duties. 

Further  discrimination  is  made  inasmuch  as  Custodial, 
Dietary,  Grounds  and  Trades  personnel  are  not  included. 
Plumbers  are  upset  because  they  have  to  work  on  wards  where 
there  are  patients  while  performing  their  trade  whether  it  be 
on  an  elderly  patient  ward  or  in  the  forensic  unit. 

2.  Hazardous  duty  pay  was  confined  to  the  State  prison  and 


House  Journal,  11Apr74  431 

the  forensic  unit  at  the  New  Hampshire  Hospital.  No  consider- 
ation was  given  to  law  enforcement  personnel,  such  as  Fish  and 
Game  Conservation  Officers  for  whom  we  asked  for  holiday  pay. 

3.  A  Correctional  Psychiatric  Aide  II,  salary  grade  10,  at 
the  New  Hampshire  Hospital  will  receive  $25  more  per  week 
or  $1,300  per  year  than  the  base  pay  of  a  Conservation  Officer 
Trainee,  also  salary  grade  10.  It  also  means  that  this  same  Cor- 
rectional Psychiatric  Aide  II  will  make  $20.68  more  per  week 
than  the  base  pay  of  a  Trooper  Trainee,  salary  grade  II. 

4.  Last  November  the  Nurses  at  the  New  Hampshire  Hos- 
pital asked  for  salary  grade  increases.  With  the  passage  of  this 
bill,  a  Psychiatric  Nurse  I  will  be  within  approximately  50c  per 
week  of  what  she  would  have  received  had  a  two  salary  grade 
increase  been  authorized. 

5.  Many  employees  are  upset  because  other  employees  re- 
ceived more  than  they.  This  means  that  the  Department  of 
Personnel  will  become  besieged  with  requests  for  upgrading.  It 
will  naturally  follow,  also,  that  the  morale  and  work  output  of 
state  employees  will  drop. 

a.  It  should  certainly  also  follow  that  as  vacancies  occur 
at  Laconia  State  School  and  Training  Center,  personnel  at  the 
Soldiers'  Home,  especially  Nurses  and  Attendants,  who  are  only 
a  few  miles  distance,  will  request  transfers  in  order  to  receive 
higher  salaries  yet  doing  similar  work. 

b.  What  about  the  Home  for  the  Elderly  that  is  located  in 
an  extremely  remote  area  of  the  State.  It  is  difficult  enough  as 
it  is  to  recruit  and  retain  but  with  higher  state  salaries  at  other 
institutions  it  will  cause  even  more  difficult  personnel  problems 
for  the  Home. 

Meldrim  Thomson,  Jr. 


To  the  Honorable  Members  of  the 
New  Hampshire  General  Court 

I  have  tried  to  weigh  carefully  all  of  the  implications  in- 
volved if  I  permit  Senate  Bill  17,  relating  to  the  Port  Authority, 
and  House  Bill  31,  pertaining  to  railroads,  to  become  law  with- 
out my  signature. 

Each  of  these  bills  contains  bad  features.  If  allowed  to  be- 
come law,  each  should  be  corrected  the  next  time  the  Legisla- 


432  House  Journal,  11Apr74 

ture  meets.  Always  there  is  the  possibility  that  another  Legisla- 
ture will  not  undo  the  faulty  work  of  a  predecessor. 

Yet  each  bill  does  contain  kernels  of  progress  in  areas  in 
which  the  State  sorely  needs  to  move  forward. 

Thus,  in  order  to  move  ahead  with  long  overdue  programs 
for  the  Seacoast  and  for  our  languishing  rail  system,  it  is  neces- 
sary to  accept  the  high  ratio  of  chaff  in  each  of  these  bills  to  be 
able  to  utilize  the  kernels. 

Because  I  consider  these  bills  bad  in  part  and  potentially 
dangerous  to  the  State  if  allowed  to  go  uncorrected  in  the  next 
Legislature,  it  is  incumbent  upon  me  that  I  delineate  the  short- 
comings of  each  and  describe  the  overriding  reasons  why  I  am 
permitting  each  to  become  law. 

I  am  allowing  Senate  Bill  17  and  House  Bill  31  to  become 
law  without  my  signature  to  emphasize  my  strong  disapproval  of 
provisions  in  each  that  should  be  revised  or  removed  and  my 
disappointment  that  certain  good  provisions  were  not  included. 

SENATE  BILL  17,  THE  PORT  AUTHORITY 

For  too  long,  the  development  of  our  great  port  at  the 
mouth  of  the  Piscataqua  and  the  potential  of  our  smaller  ports 
has  been  neglected. 

I  campaigned  on  a  promise  to  work  for  an  expansion  of  the 
dock  facilities  of  the  Port  Authority  and  was  greatly  disap- 
pointed when  a  good  bill  to  carry  out  this  commitment  failed  in 
the  Regular  Session  last  year. 

Since  then  a  new  membership  on  the  Port  Authority  has 
substantially  improved  the  image  of  the  Authority  in  the  port 
area  and  is  working  hard  to  cooperate  with  local  authorities  to 
develop  a  viable  partnership  for  progress. 

It  is  important  that  these  small  but  promising  beginnings 
be  encouraged.  They  must  not  be  allowed  to  deteriorate  into 
adversary  positions. 

I  believe  that  we  should  expand  our  docking  facilities  in 
Portsmouth  so  that  we  can  accommodate  three  freighters  at  a 
time.  It  is  estimated  that  this  will  take  a  bond  issue  of  about  $2.5 
million.  In  time,  warehouse  and  cold  storage  facilities  should 
also  be  built. 


House  Journal,  11Apr74  433 

The  Port  Authority  dock  facilities  can  and  should  eventu- 
ally be  on  a  self-sustaining  basis,  including  a  reasonable  revenue 
contribution  to  the  City  of  Portsmouth. 

I  am  confident  that  the  port  has  a  great  potential  for  growth 
in  the  next  decade.  This  should  be  encouraged  and  wisely  di- 
rected by  the  Authority  and  City  working  together. 

In  the  politicking  that  shaped  Senate  Bill  17,  a  bond  au- 
thorization was  lost.  I  sincerely  hope  that  the  1975  Legislature 
will  provide  for  such  a  bond  authorization. 

Senate  Bill  17  carries  an  appropriation  for  a  port  feasibility 
study  which  is  to  be  completed  by  December  of  this  year.  I  hope 
that  such  a  study  will  provide  the  information  needed  to  en- 
courage the  Legislature  to  authorize  expansion  of  the  dock 
facilities  next  year. 

The  bill  also  provides  ,525,000  for  a  much-needed  fence 
around  the  dock  area. 

In  addition,  by  this  bill,  the  State  in  a  very  concrete  manner 
indicates  its  support  and  concern  for  our  fishermen  by  authoriz- 
ing the  construction  of  a  $375,000  commercial  fishing  pier  and 
docking  facility  in  the  City  of  Portsmouth  and  a  $350,000  fishing 
pier  and  recreational  boating  facilities  in  Hampton  harbor. 

If  there  are  excess  funds  after  the  construction  of  the 
Hampton  facility,  such  fimds  are  to  be  used  similarly  in  Rye 
harbor. 

These  projects  for  our  fishermen  are  highly  desirable.  They 
are  long  overdue.  Consequently,  in  order  to  be  helpful  to  our 
fishermen,  I  am  letting  Senate  Bill  17  become  law  even  though 
it  did  not  carry  a  bond  authorization  for  the  Port  Authority. 

Section  8  of  Senate  Bill  17  is  highly  objectionable  and  al- 
most persuaded  me  to  veto  the  bill.  This  section  prevents  the 
Authority  from  taking  any  positive  action  regarding  on-  or  off- 
shore facilities  connected  with  processing  of  oil  or  liquefied 
natural  gas  from  now  until  July  1,  1975. 

However,  the  need  for  such  action  in  connection  with  any 
refinery  project  during  the  proscribed  period  is  remote.  Further, 
if  such  need  should  arise  before  July  1,  1975,  the  Regular  Ses- 
sion of  the  Legislature  that  meets  next  January  could  lift  this 
temporary  restriction  at  an  earlier  date. 


434  House  Journal,  11Apr74 

I  have  concluded  that,  despite  its  shortcomings  and  faults, 
Senate  Bill  17  is  a  progressive  step  forward  on  behalf  of  our 
commercial  fishermen.  Hence,  I  shall  let  it  become  law  without 
signature. 

HOUSE  BILL  31  —  RAILROADS 

During  the  progress  of  House  Bill  31,  through  the  Legisla- 
ture, I  worked  diligently  to  channel  its  operative  features  into 
the  Transportation  Authority  instead  of  placing  it  under  the 
regulatory  Avings  of  the  Public  LTtilities  Commission. 

This  aspect  of  the  bill  raises,  in  my  view,  serious  constitu- 
tional questions. 

Furthermore,  it  temporarily  takes  away  from  the  Authority 
an  important  part  of  its  overall  supervision  of  mass  transporta- 
tion and  places  it  in  a  Commission  that  has  shown  no  leadership 
in  resolving  the  rail  problems  of  our  State. 

In  addition,  it  would  authorize  a  bond  issue  of  $4  million 
which,  if  fully  executed,  would  place  the  State  squarely  in  the 
railroad  business. 

We  have  already  seen  how  costly  and  inefficient  railroading 
under  the  Federal  government  can  be.  It  would  be  even  more 
so  under  a  State  operation. 

It  would  mean  that  all  of  our  taxpayers  would  be  contribut- 
ing to  the  purchase  and  maintenance  of  a  rail  service  that  would 
benefit  directly  the  rail  users  and  only  indirectly  the  members 
of  the  public. 

On  the  other  hand.  New  Hampshire  would  suffer  an  eco- 
nomic catastrophe  if  we  lost  the  operation  of  half  of  our  lines 
as  presently  proposed  by  the  Department  of  Transportation. 

It  was  under  the  cloud  of  fear  that  just  such  a  disaster  might 
strike  our  rail  users  that  House  Bill  31  was  passed. 

The  bill  itself  provides  certain  assistance  that  might  be  in- 
voked if  disaster  befalls  our  rail  system.  While  I  do  not  believe 
that  these  aids  will  be  needed  before  the  Legislature  again  meets 
in  regular  session,  I  can  recognize  the  desirability  of  having 
them  available  on  a  stand-by  basis  for  the  balance  of  this  year. 

Under  the  terms  of  the  bill,  there  is  very  little  that  the 
Public  Utilities  Commission  can  do  without  the  approval  of 


House  Journal,  11Apr74  435 

Governor  and  Council.  Hence,  we  do  have  an  important  check 
on  PUC  that  can  prevent  State  socialization  of  the  rail  system. 

As  a  standby  measure  and  a  safeguard  against  abandonment 
of  any  rail  service  now  serving  industry,  I  will  let  House  Bill  31 
become  law  without  my  signature. 

This,  I  hope,  will  give  immediate  reassurance  to  all  rail 
users  that  the  State  will  wage  a  vigorous  fight  against  abandon- 
ments and  for  long-range  improvements  in  our  rail  system. 

To  develop  a  constructive  rail  project  as  an  integral  part  of 
a  sound  mass  transportation  program,  I  shall  encourage  the 
Transportation  Authority  to  move  with  all  possible  speed  to 
obtain  rail  expertise.  I  shall  encourage  the  Public  Utilities  Com- 
mission to  work  closely  with  the  Authority. 

I  shall  also  appoint  a  Governor's  Committee  of  rail  users  to 
encourage  the  private  sector  to  work  with  the  State,  through  the 
Authority  and  Commission,  to  insure  that  we  use  effectively  all 
of  the  statutory  tools  and  programs  available  to  us  for  keeping 
the  trains  rolling  in  New  Hampshire. 

I  am  grateful  for  the  strong  and  wise  efforts  of  Representa- 
tive Ernest  Coutermarsh  in  helping  to  revise  provisions  of 
House  Bill  31,  which,  if  passed  by  the  Legislature  in  its  original 
form,  ^vould  have  provoked  an  inevitable  veto.  His  long  experi- 
ence and  vast  knowledge  of  our  rail  system  is  a  great  resource 
which  I  certainly  hope  to  be  able  to  tap  for  the  benefit  of  our 
State. 

Meldrim  Thomson,  Jr. 
SENATE  MESSAGE 
INTRODUCTION  OF  SENATE  BILL 

SB  33,  legalizing  the  authorization  of  bonds  by  the  town  of 
Durham. 

SUSPENSION  OF  RULES 

Rep.  Hanson  moved  that  the  rules  be  so  far  suspended  as 
to  allow  the  introduction  of  a  bill  received  from  the  Senate  after 
the  deadline,  to  dispense  with  printing,  committee  reference, 
hearing  and  report,  and  to  place  the  bill  on  third  reading  and 
final  passage  at  the  present  time. 


436  House  Journal,  11Apr74 

The  bill  being  SB  33,  legalizing  the  authorization  of  bonds 
by  the  town  of  Durham. 

Rep.  Hanson  explained  his  motion. 

Rep.  Chandler  requested  a  division. 

It  being  manifestly  in  the  affirmative,  motion  adopted  by 
the  necessary  two-thirds. 

Third  reading  and  final  passage 

SB  33,  legalizing  the  authorization  of  bonds  by  the  town  of 
Durham. 

Rep.  Doris  L.  Thompson  wished  to  be  recorded  against 
SB  33. 

COMMUNICATION 

The  townspeople  of  Hampstead,  N.  H.,  cordially  invite  you 
to  attend  an  "Open  House"  for  —  Doris  M.  Spollett  —  Sunday 
—  April  21st  —  2:00  to  5:00  P.M.  Hampstead  Congregational 
Church  —  Main  Street,  Hampstead,  N.  H, 

Over  50  Years  of  Serving  the  Community 
Schoolteacher 
N.  H.  Senator 

Representative  to  the  General  Court 
Selectman  —  27  Years 

RESOLUTION 

Reps.  Brungot,  William  Boucher,  Carter,  Conley,  Du- 
haime,  Enright,  Hammond,  Harvey,  Hebert,  Hunt,  Migneault, 
Palfrey,  P.  Robert  Thibeault,  Sweeney,  Vey,  White  and  Wuel- 
per  offered  the  following  resolution. 

RESOLUTION 

Whereas,  there  are  several  members  of  the  House  whose 
burdens  of  physical  disability  have  been  lightened  immeasure- 
ably  by  the  considerate  ministrations  of  a  particular  state  em- 
ployee, and 

Whereas,  those  said  members  by  this  resolution  ask  their 
fellow  members  to  join  them  in  recognizing  the  consideration 
received  from  that  individual,  and 


House  Journal,  11  Apr74  437 

Whereas,  Thomas  J.  Roy,  New  Hampshire's  one-man 
Capitol  Police  Force,  has  been  the  ever  alert  guardian  of  the 
parking  facilities  assigned  to  physically  limited  members,  there- 
fore be  it 

Resolved,  by  the  House  of  Representatives  assembled,  that 
its  entire  membership  does  recognize  and  honor  the  diligent  and 
persuasive  but  firm  administration  of  those  facilities  by  Tom 
Roy,  and  be  it  further 

Resolved,  that  a  copy  of  the  above  resolutions  be  trans- 
mitted to  Thomas  J.  Roy. 

Unanimously  Adopted. 

Rep.  Nelson  moved  that  the  Committee  on  the  Journal, 
after  checking  with  the  Committee  of  Conference  on  HB  11,  to 
increase  the  salaries  of  state  classified  employees  and  employees 
of  the  university  system  and  providing  differential  pay  to  classi- 
fied prison  employees  and  correctional  psychiatric  aides  at  the 
New  Hampshire  Hospital  and  making  appropriations  therefor, 
consider  removal  of  the  statement  of  intent  by  the  Committee 
of  Conference  in  the  Journal  of  2  April,  and  subsequently 
withdraAV  his  motion. 

The  Speaker  instructed  the  Journal  committee  to  review 
the  suggestion  and  take  whatever  action  they  deem  necessary. 

Reps.  George  B.  Roberts,  Jr.,  Coutermarsh,  O'Connor  and 
Bigelow  offered  the  following  resolution: 

HOUSE  RESOLUTION 

RELATIVE  TO  CIRCULAR  A-70 

Whereas,  the  federal  Office  of  Management  and  budget  has 
proposed  implementation  of  Circular  No.  A-70,  entitled  "Poli- 
cies and  Guidelines  for  Federal  Credit  Programs",  which  would 
preclude  local  governments  from  issuing  tax-exempt  bonds  to 
finance  programs  and  facilities  receiving  federal  assistance;  and 

Whereas,  state  and  local  governments  traditionally  have 
employed  tax-exempt  financing  for  municipal  programs  and 
facilities;  and 

Whereas,  local  governments  rely  heavily  on  federal  assis- 
tance for  financing  municipal  programs  and  facilities;  and 


438  House  Journal,  11Apr74 

Whereas,  implementation  of  Circular  No.  A-70  would  sig- 
nificantly and  adversely  affect  the  ability  of  the  state  of  New 
Hampshire  and  its  political  subdivisions  to  finance  higher  edu- 
cation facilities,  medical  care  facilities,  sewer,  ^vater  and  pollu- 
tion control  facilities,  highway  and  mass  transit  facilities  urban 
renewal  and  public  housing  projects,  and  privately  owned  low- 
and-moderate-income  housing  funded  by  the  slate  and  by  mu- 
nicipalities; and 

Whereas,  over  a  year  ago,  the  attempt  to  implement  Circu- 
lar No.  A-70  resulted  in  immediate  and  vigorous  opposition  by 
state  and  local  governments  and  national  interest  groups,  such 
as  the  National  Governors'  Conference,  the  Municipal  Finance 
Officers'  Association,  and  the  National  League  of  Cities/Con- 
ference of  Mayors;  and 

Whereas,  implementation  of  Circular  No.  A-70  would 
constitute  direct  federal  intervention  in,  and  substantial  control 
of,  debt  management  of  the  state  of  New  Hampshire  and  its 
mimicipalities,  and  would  result  in  severe  curtailment  of  the 
volume  of  tax-exempt  financing,  as  the  state  and  local  govern- 
ments would  be  unable  to  utilize  it  with  respect  to  a  project 
whose  financial  feasibility  depends  upon  federal  assistance;  and 

Whereas,  Circular  No.  A-70  proposes  an  undesirable  means 
of  accomplishing  public  policy  and  has  massive  implications  for 
public  finance  throughout  the  country;  and 

Whereas,  there  exist  no  feasible  financial  alternatives  to 
replace  the  combination  of  tax-exempt  municipal  financing  and 
federal  assistance  to  provide  state  and  local  facilities;  and 

Whereas,  it  has  come  to  the  attention  of  the  New  Hamp- 
shire House  of  Representatives  that  the  Oflfice  of  Management 
and  Budget  is  planning  specific  action  with  respect  to  imple- 
mentation of  Circular  No.  A-70  in  the  near  future;  no^s %  there- 
fore, be  it 

Resolved  by  the  House  of  Representatives  of  the  state  of 
New  Hampshire,  That  the  House  of  Representatives  of  the  state 
of  New  Hampshire  communicates  its  strong  opposition  to  the 
implementation  of  Circular  No.  A-70  to  the  President  of  the 
United  States  and  to  the  Director  of  the  Oflfice  of  Management 
and  Budget;  and 


House  Journal,  11Apr74  439 

Further  Be  ll  Resolved,  That  the  Speaker  of  the  House 
transmit  copies  of  this  resolution  to  the  President  and  Vice 
President  of  the  United  States,  to  the  Director  of  the  Office  of 
Management  and  Budget,  to  the  Speaker  of  the  House  of  Rep- 
resentatives, and  to  each  Senator  and  Representative  from  New 
Hampshire  in  the  Congress  of  the  United  States. 

Rep.  Roberts  explained  the  resolution. 

(discussion) 

Rep.  Horan  moved  that  the  resolution  be  referred  to  an 
interim  study  committee  to  be  appointed  by  the  Speaker  and 
spoke  in  favor  of  his  motion. 

Reps.  Drake,  Plourde,  Coutermarsh  and  D'Allesandro 
spoke  against  the  motion. 

Motion  lost. 

Resolution  adopted. 

The  Speaker  announced  that  Rep.  Bell  has  informed  him 
that  he  will  not  be  returning  for  another  session. 

Reps.  Drake  and  Coutermarsh  paid  tribute  to  Rep.  Bell 
for  his  years  of  service  in  the  House. 

Reps.  Dame  and  Sara  M.  Townsend  moved  that  the  re- 
marks of  Reps.  Drake  and  Coutermarsh  be  printed  in  the 
Journal. 

Adopted. 

The  Chair:  The  Dean  of  the  House,  Rep.  Kenneth  Bell,  is 
not  going  to  be  returning  to  the  House  and  after  some  considera- 
tion I  decided  to  stretch  the  rules  of  the  House  to  let  in  a  few 
remarks,  I  don't  know  if  they  are  for  or  against  Ken,  they  did  not 
commit  themselves. 

The  Chair  recognizes  Rep,  Arthur  Drake. 

Rep  Drake:  Mr.  Speaker,  I  generally  come  before  you  bear- 
ing tidings  of  gloom  and  despair,  but  this  morning  I  think  is 
a  little  different.  With  all  good  references  to  the  deaconess  of 
this  institution,  in  my  books  there  has  always  been  a  dean 
around  the  legislature.  I  have  served  on  a  committee  with  him; 
I  have  been  privileged  to  serve  as  chairman  on  the  committee 
on  which  he  serves;  and  I  have  always  been  struck  by  the  fact 


440  House  Journal,  11Apr74 

that  Ken  Bell  is  a  pretty  imperturbable  character,  rarely  ever 
shook  by  what  happens  around  them  because  no  matter  how 
bad  it  is,  and  it  generally  is,  and  he  has  seen  it  before,  and  prob- 
ably a  little  worse.  His  one  line  quips  in  committee  I  Avish  had 
been  taped  and  recorded  over  the  years,  because  they  would 
have  been  Avorth  recording  for  posterity.  When  everything  gets 
pretty  solemn  and  somber  around  the  place  you  can  always  rely 
on  Ken  with  his  quick  dry  wit  to  do  something  to  relieve  the 
tension.  Frankly,  I  think  Ken  Bell  is  an  institution  by  himself.  I 
have  enjoyed  his  company  and  I  love  him  like  a  father.  I  am 
sorry  to  see  him  go  because  he  retains  the  clarity  of  mind  which 
all  of  us  hope  that  we  will  have  at  his  age.  The  state  of  New 
Hampshire  owes  Ken  Bell  a  debt  of  gratitude  which  few  of  you 
recognize  for  the  dedication  he  has  given  to  New  Hampshire 
over  all  of  the  years  he  has  served  in  this  Legislature,  and  if  this 
is  a  farewell  then  let  me  say  that  if  everyone  went  out  in  as  grand 
a  shape  as  he  is  going  to  go  out  then  we  ^vould  all  be  blessed. 

Rep.  Coutermarsh:  Mr.  Speaker,  I  don't  want  to  let  this  be 
stfictly  a  republican  affair  because  of  my  long  association  with 
Ken  Bell,  and  our  many  deliberations  in  this  house.  I  have 
forgotten  exactly  how  long  he  has  been  here,  but  I  guess  its 
thirty  years  or  more  that  he,  to  my  mind,  represented  the  best  in 
the  people  that  have  come  down  here  to  serve  this  state  as 
members  of  a  citizen  legislature.  I  worked  closely  with  him 
when  I  was  a  former  resident  of  Lebanon,  as  a  member  of  the 
Grafton  County  Delegation,  and  I  never  can  remember  when  it 
ever  mattered  to  this  man  what  your  party  affiliation  happened 
to  be.  In  those  days,  outside  of  George  McGee  and  myself,  there 
were  not  too  many  Democrats  on  the  delegation,  and  we  learned 
to  have  a  very  high  respect  for  the  fairness  of  this  gentleman.  It 
is  with  a  sad  sense  of  parting  on  my  part,  and  the  rest  of  the 
democrats  in  this  house,  and  the  house  members  as  a  whole  that 
we  have  to  accept  at  last  that  you  will  not  be  coming  back.  Good 
luck. 

Rep.  Gardner  offered  the  following  resolution. 


HOUSE  RESOLUTION 

Whereas,  Rev.  Joseph  Y.  Beaulieu  of  Goffstown  has  faith- 
fully served  as  Chaplain  of  the  House  of  Representatives  for  this 
past  session;  and 


House  Journal,  11Apr74  441 

Whereas,  Rev,  Beaulieu  is  the  first  Catholic  priest  Avho  has 
filled  the  position  of  Chaplain  for  the  House;  and 

WhereaSj  his  inspired  leadership  has  helped  this  body  to 
perform  its  duties; 

Now  Therefore  Be  It  Resolved  by  the  House  of  Representa- 
tives, that  Rev.  Joseph  Y.  Beaulieu  be  commended  for  his 
efforts  in  guiding  the  House  during  his  service  as  its  Chaplain; 
and 

Further  Be  It  Resolved,  That  the  House  extends  to  Rev. 
Beaulieu  its  sincere  wishes  for  continued  success;  and 

Further  Be  It  Resolved,  That  a  copy  of  this  resolution  be 
given  to  Rev.  Beaulieu. 

Adopted. 

LEGISLATIVE  BILL  STATUS  SYSTEM 

The  Automated  Legislative  Bill  Status  System  is  being 
demonstrated  for  the  General  Court  today  for  several  reasons: 

1.  To  show  the  membership  how  the  effective  use  of  elec- 
tronic data  processing  can  ease  the  administrative  burden  of  bill 
status  tracking  and  reporting. 

2.  To  show  the  membership  the  latest  data  processing  meth- 
ods available  for  creating,  maintaining  and  accessing  large  files 
of  information. 

3.  To  show  the  membership  an  example  of  the  results  of 
interstate  cooperation  in  the  data  processing  area  by  demon- 
strating a  program  designed  and  developed  by  the  State  of 
Maine  and  operating  from  the  CDP  system  in  New  Hampshire. 

The  demonstration  program  was  used  ^vith  great  success 
throughout  the  Special  Session  of  the  Maine  Legislature  and 
that  data  base  is  loaded  on  the  CDP  computer  at  1  Pillsbury 
Street.  The  information  displayed  is  from  the  Maine  session 
and  may,  therefore,  have  some  foreign  terminology,  e.g.,  HP  vs 
HB,  SP  vs  SB  (Paper  vs  Bill)  ;  but  the  legislative  concepts  and 
procedures  are  for  the  most  part  identical  to  those  of  New 
Hampshire. 

You  may  inquire  of  the  system  from  the  terminal  at  almost 
any  level  of  definition  —  by  subject  matter  (.8  levels),  by  docu- 


442  House  Journal,  11Apr74 

ment  number,  or  by  Bill  number.  Bulk  printouts  are  available 
by  Committee  and  by  sponsor,  and  that  type  inquiry  will  be 
available  at  the  terminal  in  the  future.  The  information  re- 
trieved is  correctable  or  changeable  from  the  terminal.  The 
system  has  total  flexibility  in  accessing  and  reporting  the  per- 
tinent data.  Copies  of  bulk  report  samples  are  available  for 
your  review. 

Through  cooperative  effort  with  our  sister  state  of  Maine, 
and  Honeywell  Information  Systems,  the  program  is  running 
on  the  New  Hampshire  CDP  computer.  It  needs  only  minor 
changes  in  terminology  to  be  usable  here  and  will  be  available 
whenever  the  Legislature  deems  it  advisable.  Were  we  to  start 
anew  and  develop  such  a  system  for  the  State  of  New  Hamp- 
shire, it  is  estimated  that  the  cost  would  exceed  $100,000. 

The  only  cost  involved  to  utilize  the  system  you  are  seeing 
here  today  will  be  the  day-to-day  cost  of  operation,  i.e.,  the  com- 
puter time,  communications,  the  terminals  and  terminal  op- 
erator personnel.  That  cost  wall  depend  upon  the  number  of 
terminals  installed  and  the  volume  of  special  reports  and  print- 
outs required.  In  any  case,  the  cost  should  be  offset  by  a  signifi- 
cant increase  in  efficiency  of  legislative  administration  and  a 
reduction  in  clerical  effort  and  administrative  lead  time  for  all 
concerned. 

We  are  deeply  indebted  to  the  State  of  Maine  and  Mr. 
David  Smith,  the  Director  of  Data  Processing,  for  the  oppor- 
tunity to  present  this  demonstration  to  you.  Further  credit  is 
due: 

Honeywell  Information  Systems  —  Software  and  Engineer- 
ing support 

GTE  Information  Systems  —  Communications  Modems 

Department  of  Safety  —  Terminal  Equipment 

Arthur  T.  Hill 

Director 

Department  of  Centralized 

Data  Processing 

RECESS 
AFTER  RECESS 


House  Journal,  11Apr74  443 

ENROLLED  BILLS  REPORT 

SB  33,  legalizing  the  authorization  of  bonds  by  the  town  of 
Durham. 

Maurice  W.  Read 
For  The  Committee 


SUSPENSION   OF  RULES 

Rep.  George  B.  Roberts,  Jr.  moved  that  the  rules  of  the 
House  be  so  far  suspended  as  to  introduce  a  bill  after  the  dead- 
line, dispense  with  printing,  committee  reference,  hearing  and 
report  and  to  place  the  bill  on  second  reading,  the  bill  being 
HB  40,  providing  for  additional  pay  and  overtime  pay  for  nurses 
at  New  Hampshire  hospital,  Laconia  state  school  and  training 
center,  the  New  Hampshire  youth  development  center,  the 
New  Hampshire  home  for  the  elderly,  and  the  New  Hampshire 
veterans'  home,  and  making  an  appropriation  therefor;  and 
making  an  appropriation  for  overtime  pay  for  conservation 
officers. 

Rep.  Roberts  explained  his  motion. 

(discussion) 

Rep.  Roberts  yielded  to  Rep.  Drake  to  answer  questions. 

POINT  OF  ORDER 
Rep.  George  E.  Gordon  rose  on  a  point  of  order. 


Reps.  Daniell,  Spirou  and  Coutermarsh  spoke  in  favor  of 
the  motion. 

Rep.  Bednar  spoke  against  the  motion. 

Reps.  Cotton,  Mary  J.  Sullivan,  Bernard,  Elizabeth  E.  GoflF, 
Tarr,  Schwaner,  Gallen,  Rich,  and  Tony  Smith  non-spoke  in 
favor  of  HB  40. 

Reps.  Nelson,  Boisvert  and  Meserve  moved  the  previous 
question. 

Sufficiently  seconded. 

Rep.  Chandler  requested  a  division. 


444  House  Journal,  11Apr74 

It  being  manifestly  in  the  affirmative  by  more  than  the 
necessary  two-thirds  the  motion  carried. 

Rep.  Drake  offered  an  amendment. 


AMENDMENT 

Amend  the  bill  by  striking  out  sections  3  and  4  and  insert- 
ing in  place  thereof  the  following: 

3  Appropriation  for  Overtime  for  Conservation  Officers. 
Amend  1973,  376:33,  III,  (a)  as  amended  by  1974,  40:85  by 
striking  out  the  line  "Other  1  1"  and  inserting  in 
place  thereof  the  following    (     Other     25,000     ) . 

4  Deletion  of  Provisional  Appropriation  for  Overtime  for 
Conservation  Officers.  Amend  1973,  376:33,  as  amended  by 
1974,  40:85,  by  striking  out  the  fourth  (being  the  last)  para- 
graph of  the  footnote  to  the  line  appropriating  the  total  for  the 
fish  and  game  department  and  inserting  in  place  thereof  the 
following  (Provisions  of  RSA  206:36  shall  be  suspended  for 
the  biennium  ending  June  30,  1975.) 

The  clerk  read  the  amendment  in  full. 

Rep.  Drake  explained  his  amendment. 

Amendment  adopted. 

Ordered  to  third  reading. 

Rep.  Chris  K.  Andersen  wished  to  be  recorded  in  favor  of 
HB40. 


SUSPENSION  OF  RULES 

Rep.  Boisvert  moved  that  the  rules  of  the  House  be  so  far 
suspended  as  to  place  HB  40  on  third  reading  and  final  passage 
at  the  present  time. 

Adopted  by  the  necessary  two-thirds. 

Third  reading  and  final  passage 

HB  40,  providing  for  additional  pay  and  overtime  pay  for 
nurses  at  New  Hampshire  hospital,  Laconia  state  school  and 
training  center,  the  New  Hampshire  youth  development  cen- 


House  Journal,  11Apr74  445 

ter,  the  New  Hampshire  home  for  the  elderly,  and  the  New 
Hampshire  veterans'  home,  and  making  an  appropriation  there- 
for; and  making  an  appropriation  for  overtime  pay  for  con- 
servation officers. 


RECONSIDERATION 

Rep.  Coutermarsh  moved  reconsideration  on  HB  40. 
Reconsideration  lost. 

SUSPENSION  OF  RULES 

Rep.  Belair  moved  that  the  rules  be  so  far  suspended  as  to 
allow  the  introduction  of  a  bill  after  the  deadline  and  to  place 
the  bill  on  second  reading,  the  bill  being  HB  39,  relative  to  the 
homeowners'  exemption  law. 

Rep.  Belair  explained  his  motion. 

Rep,  George  E.  Gordon  spoke  against  the  motion. 

(discussion) 

Reps.  Harvell,  Albert  C.  Jones,  Orcutt,  Hall,  Read,  Sara 
M.  Townsend,  George  I.  Wiggins,  Sununu  and  Gorman  spoke 
in  favor  of  the  motion. 

Reps.  Gerry  F.  Parker,  Dupont,  Maynard,  Beaulieu, 
Spirou,  Twigg  and  Elizabeth  E.  Goff  spoke  against  the  motion. 

Reps.  Fred  E.  Murray,  Nutt,  Bowler,  D'Amante,  Elmer  E. 
Johnson,  Edward  A.  Johnson,  Symons,  Hough  and  Duhaime 
non-spoke  in  favor  of  the  motion. 

Reps.  Fortier,  Bossie  and  Daniell  non-spoke  against  the 
motion. 

Reps.  Parnagian  and  Palfrey  requested  a  division. 

120  members  having  voted  in  the  affirmative  and  175  in 
the  negative,  suspension  of  the  rules  failed. 

RECONSIDERATION 

Rep.  George  E.  Gordon  moved  reconsideration. 
Reconsideration  lost. 


446  House  Journal,  11Apr74 

SENATE  MESSAGE 

CONCURRENCE 

HB  40,  providing  for  additional  pay  and  overtime  pay  for 
nurses  at  New  Hampshire  liospital,  Laconia  state  school  and 
training  center,  the  New  Hampshire  youth  development  cen- 
ter, the  New  Hampshire  home  for  the  elderly,  and  the  New 
Hampshire  veterans'  home,  and  making  an  appropriation  there- 
for; and  making  an  appropriation  for  overtime  pay  for  con- 
servation officers. 

RECESS 
AFTER  RECESS 

ENROLLED  BILLS  REPORT 

HB  40,  providing  for  additional  pay  and  overtime  pay  for 
nurses  at  New  Hampshire  hospital,  Laconia  state  school  and 
training  center,  the  New  Hampshire  youth  development  center, 
the  New  Hampshire  home  for  the  elderly,  and  the  New  Hamp- 
shire veterans'  home,  and  making  an  appropriation  therefore; 
and  making  an  appropriation  for  overtime  pay  for  conservation 
officers;  and  providing  for  increases  in  classified  salaries  for 
recruitment. 

Maurice  W.  Read 
For  The  Committee 

SENATE  MESSAGE 

INTRODUCTION  OF  SENATE  BILL 

SB  34,  to  provide  fairer  real  estate  taxes  for  the  elderly 
through  a  partial  exemption  from  real  estate  taxes  for  persons 
seventy  years  of  age  or  older,  under  certain  circumstances,  and 
compensating  cities  and  towns  for  consequent  loss  of  tax  base 
and  making  an  appropriation  therefor,  and  providing  for  an 
election  between  the  homeowners'  exemption  and  the  elderly 
exemption. 

Rep.  George  B.  Roberts,  Jr.  moved  that  SB  34  be  laid  on 
the  table. 

Adopted. 


House  Journal,  11Apr74  447 

BILLS  SIGNED  BY  THE  GOVERNOR 

April  2,  1974 

HB  7,  permitting  municipalities  to  establish,  acquire,  main- 
tain and  operate  public  transportation  facilities  in  cooperation 
with  governmental  units  of  adjoining  states;  permitting  broader 
cooperation  in  furnishing  of  municipal  services;  and  permitting 
cities  and  towns  to  appropriate  money  for  group  homes. 

HB  13,  repealing  the  termination  date  of  RSA  357-B. 

HB  17,  increasing  the  mileage  rate  for  all  state  employees 
using  privately  owned  passenger  vehicles  and  making  an  appro- 
priation therefor. 

HB  21,  relative  to  the  duties  of  the  state  board  of  education 
and  prohibiting  the  expenditure  of  public  moneys  in  non-public 
schools  unless  said  schools  have  program  approval  by  the  de- 
partment of  education,  supervisory  union  accounting  of  federal 
funds  and  establishing  the  office  of  chancellor  of  the  university 
of  New  Hampshire  system. 

HB  36,  permitting  the  sale  of  milk  in  three  quart  con- 
tainers. 

SB  3,  changing  the  compensation  of  certain  state  law  en- 
forcement employees  and  fees  of  witnesses. 

SB  4,  relative  to  penalties  and  forfeitures  for  noncompli- 
ance with  sewage  and  waste  disposal  rules  and  regulations  of  the 
water  supply  and  pollution  control  commission. 

SB  7,  relative  to  capital  improvements  to  the  Mount  Wash- 
ington summit  and  making  an  appropriation  therefor. 

SB  8,  relative  to  the  distribution  of  testate  property  follow- 
ing waiver  of  a  will  by  surviving  spouse  and  relative  to  the  form 
of  notice  given  for  termination  of  parental  rights. 

SB  12,  to  further  protect  the  rights  of  mobile  home  owners 
by  requiring  that  mobile  home  park  owners  and  operators 
state  the  rules  and  regulations  of  the  park  in  writing  and  pro- 
vide all  tenants  with  copies  of  the  rules  and  to  encourage  the 
construction  of  mobile  home  parks  by  not  prohibiting  the  so- 
called  "first  sale"  restriction  in  a  new  park. 

SB  20,  providing  for  regulation  of  franchise  agreements 
for  the  sale  of  gasoline  and  requiring  the  posting  of  motor  fuel 
prices. 


448  House  Journal,  11Apr74 

SB  22,  establishing  a  study  committee  to  develop  a  plan  to 
provide  public  assistance  to  private  institutions  of  higher  learn- 
ing in  this  state  and  relating  to  the  Lafayette  Regional  School 
District  and  Bethlehem  School  District. 

SB  24,  authorizing  cities  and  towns  to  grant  franchises  for 
cable  television  systems. 

SB  26,  providing  for  retirement  benefits  for  supreme  and 
superior  court  justices. 

SB  31,  authorizing  the  cities  of  Berlin  and  Keene  to  ac- 
quire, develop  and  operate  industrial  parks  within  each  such 
city  and  to  aid  the  construction  and  expansion  of  industrial 
facilities  within  each  such  city  by  the  issue  of  revenue  bonds. 

SJR  3,  establishing  a  committee  to  study  highway  safety 
and   motor   vehicle   weight,    length   and   width   requirements. 

April  5,  1974 

HB  1,  making  supplemental  appropriations  for  expenses 
of  certain  departments  of  the  state  for  the  fiscal  years  ending 
June  30,  1974  and  June  30,  1975  and  making  other  budgetary 
changes. 

HB  2,  making  appropriations  for  capital  improvements. 

HB  18,  requiring  local  option  for  siting  of  oil  refineries. 

HB  24,  permitting  the  use  of  changeable  effective  date 
designations  such  as  decals,  on  all  motor  vehicle  and  boat  reg- 
istration plates;  authorizing  the  governor  and  council  to  estab- 
lish temporary  speed  laws;  exempting  certain  functions  rela- 
tive to  motor  vehicles  and  highways  from  the  provisions  of  the 
administrative  procedures  act;  exempting  the  department  of 
fish  and  game  from  procedural  requirements  of  their  rule  mak- 
ing under  Title  XVIII,  until  June  30,  1975;  and  providing 
certain  free  motor  vehicle  privileges  to  disabled  veterans. 

HB  29,  relative  to  tuition  payments  for  handicapped  chil- 
dren; amending  the  appropriation  for  same;  defining  a  handi- 
capped child  as  a  person  up  to  the  age  of  twenty-one;  and  pro- 
viding for  educational  and  other  expenses  in  public  institu- 
tions. 

HB  30,  relative  to  the  civil  commitment  procedures  in  the 
probate  courts  and  detention  and  discharge  procedures  for  the 
mentally  ill. 


House  Journal,  11Apr74  449 

HB  33,  relative  to  the  Winnipesaukee  River  Basin  Con- 
trol; and  providing  for  continuation  of  the  study  committee  on 
water  supply  and  pollution  control  commission. 

HB  34,  relative  to  energy  facility  evaluation,  siting,  con- 
struction and  operations;  providing  for  a  tax  on  refined  petrole- 
um products;  and  establishing  an  energy  facility  study  com- 
mittee. 

SB  9,  legalizing:  certain  special  town  meetings  in  Wilmot, 
Pittsfield,  Enfield,  Salisbury  and  Salem;  1974  annual  town  meet- 
ings in  Rye,  New  Castle,  Exeter,  Salisbury,  Enfield,  Brentwood, 
Chester  and  Bethlehem;  the  Seabrook,  Gilford,  and  Haverhill 
school  district  meetings;  the  special  Hampton  Falls  school  dis- 
trict meeting;  the  Warner  village  fire  district  proceedings;  and 
the  February  19,  1974  postings  of  March  5,  1974  town  and 
school  meetings. 

SB  10,  establishing  a  sire  stakes  program  and  a  standard- 
bred  breeders  and  owners  development  agency,  and  making  an 
appropriation  therefor. 

SB  18,  providing  additional  cost  of  living  increases  for  re- 
tired members  of  the  N.  H.  Teachers'  Retirement  System,  the 
N.  H.  Policemen's  Retirement  System,  the  N.  H.  Firemen's  Re- 
tirement System,  the  N.  H.  Retirement  System  and  the  State 
Employees  Retirement  System,  and  making  an  appropriation 
therefor;  providing  for  compensatory  contributions  for  inter- 
rupted service;  and  providing  for  an  actuarial  study  of  prefund- 
ing  to  be  paid  out  of  escrowed  funds  derived  from  an  interest 
assumption  change. 

SB  23,  relative  to  the  membership  of  municipal  planning 
boards,  conservation  commissions  and  historic  district  commis- 
sions. 

April  8,  1974 

HB  11,  to  increase  the  salaries  of  classified  employees  and 
employees  of  the  university  system  and  the  New  Hampshire  Net- 
work and  providing  differential  pay  to  classified  prison  em- 
ployees and  correctional  psychiatric  aides  and  providing  nurses' 
reclassification  at  the  New  Hampshire  Hospital  and  Laconia 
State  School  and  making  appropriations  therefor. 


450  House  Journal,  11Apr74 

April  15,  1974 

HB  40,  providing  for  additional  pay  and  overtime  pay  for 
nurses  at  New  Hampshire  hospital,  Laconia  state  school  and 
training  center,  the  New  Hampshire  youth  development  center, 
the  New  Hampshire  home  for  the  elderly,  and  the  New  Hamp- 
shire veterans'  home,  and  making  an  appropriation  therefor; 
and  making  an  appropriation  for  overtime  pay  for  conservation 
officers;  and  providing  for  increases  in  classified  salaries  for  re- 
cruitment. 

SB  33,  legalizing  the  authorization  of  bonds  by  the  town 
of  Durham. 

BILLS  ENACTED  IN  ACCORDANCE  WITH 

ARTICLE  44,  PART  II  OF  THE  NEW  HAMPSHIRE 

CONSTITUTION  WITHOUT  SIGNATURE 

OF  GOVERNOR 

April  2,  1974 

HB  3,  relative  to  establishment  of  a  food  stamp  program 
and  making  an  appropriation  therefor. 

HB  37,  to  provide  for  the  repeal  of  the  law  tending  to  pro- 
hibit hitchhiking. 

SB  11,  establishing  a  state  historic  preservation  office  and 
making  an  appropriation  therefor. 

April  9,  1974 

HB  4,  providing  supplemental  grants  to  families  with  de- 
pendent children  and  making  an  appropriation  therefor  and 
authorizing  consolidated  grant  standards  for  categorical  assis- 
tance excluding  shelter. 

HB  31,  authorizing  the  public  utilities  commission  to  ac- 
quire, as  agent  of  the  state,  such  railroad  properties  within  the 
state  deemed  to  be  necessary  for  continued  and  future  railroad 
operation  for  the  benefit  of  the  public  and  authorizing  bonding 
therefor;  provided  that  if  the  1975  General  Court  by  vote  of 
both  houses  prior  to  March  13,  1975  evidences  its  approval  the 
foregoing  authority  shall  on  that  date  be  transferred  to  the  New 
Hampshire  transportation  authority  and  the  public  utilities 
commission's  authority  shall  be  terminated. 

SB  17,  relative  to  the  New  Hampshire  Port  Authority,  the 
construction  of  fishing  facilities  at  Portsmouth,  Hampton  and 


House  Journal,  11Apr74  451 

Rye  harbors,  and  the  location  of  marine  science  docking  and 
related  facilities  for  the  university  of  New  Hampshire  and  mak- 
ing an  appropriation  therefor. 

INTERIM  COMMITTEE  APPOINTMENTS 

HB  2  (Chapter  38,  Section  23)  Legislative  Facilities  Committee. 
(Chapter  368,  Laws  of  1973). 

Sen.  Stephen  W.  Smith;  Rep.  James  E.  O'Neil,  Sr.  or  his 
designee;  Rep.  George  B.  Roberts,  Jr.;  Sen.  Frederick  A.  Porter; 
Rep.  Ernest  R.  Coutermarsh;  Sen.  Eileen  Foley;  Sen.  Roger 
A.  Smith;  Rep.  Esther  M.  Davis;  Sen.  C.  Robertson  Trow- 
bridge and  Rep.  Sumner  A.  Raymond. 

HB  2  (Chapter  38,  Section  30)  Electronic  Roll  Call  Committee. 
(Chapter  592,  Laws  of  1973). 

Reps.  James  E.  O'Neil,  Sr.,  George  B.  Roberts,  Jr.,  Ernest 
R.  Coutermarsh,  Arthur  F.  Mann  and  Arthur  M.  Drake. 

HB  14,  revising  the  management-employee  relations  law  for 
state  employment. 

Collective  Bargaining  Sub-Committee  (Labor,  Human  Re- 
sources and  Rehabilitation). 

HB  25  (Chapter  9),  changing  the  reporting  date  for  the  study 
commission  on  the  problems  of  unemployed  citizens  in 
New  Hampshire. 

Sens.  Robert  F.  Bossie,  David  H.  Bradley  and  Stephen  W. 
Smith.  Reps.  Robert  B.  Buckley,  Paul  H.  Simard  and  Peter  C. 
Hildreth.  Patricia  Merrill,  Concord;  Theodore  Caras,  Dover; 
Benton  Demers,  Concord. 

HB  26,  relative  to  guaranteeing  a  minimum  adequate  income 
for  the  elderly,  blind  and  disabled;  and  making  an  appro- 
priation therefor. 

Reps.  Skinner,  Carswell,  McGlynn,  Vesta  M.  Roy,  Barbara 
C.  Thompson  and  Daniell. 

HB  33  (Chapter  41,  Sections  3  and  4),  relative  to  the  Winnipe- 
saukee  River  Basin  Control;  and  providing  for  continua- 
tion of  the  study  committee  on  water  supply  and  pollution 
control  commission. 


-±52  House  Journal,  11Apr74 

Sens.  Bossie,  Gardner  and  Brown. 

Reps.  Claflin,  John  H.  Tilton,  Ladd,  Oleson,  Harriman, 
Kenneth  W.  Spalding  Jr.,  and  Kopperl. 

Nelson  Maine,  Hillsborough  and  H.  Thomas  Urie,  New 
Hampton.  (Third  member  to  be  appointed) 

HB  34  (Chapter  39,  Section  5),  relative  to  energy  facility  evalua- 
tion, siting,  construction  and  operations;  providing  for  a 
tax  on  refined  petroleum  products;  and  establishing  an 
energy  facility  study  committee. 

Sens.  Preston  and  Bradley. 

Reps.  George  B.  Roberts,  Jr.,  Greene  and  Coutermarsh. 

One  member  from  the  Southeast  Regional  Planning  Com- 
mission. 

Assoc.  Prof.  Richard  Mills,  Durham;  Dr.  Louis  H.  Klotz, 
Durham;  and  Dr.  Paul  E.  Bruns,  Durham. 

Frederick  D.   Goode,  Bedford  and  Atty.  William  Craig, 
Manchester. 

HB  34  (Chapter  39,  Section  6)  Energy  Facility  Tax  Study. 

Senate  Ways  and  Means  and  Administrative  Affairs  and 
House  Ways  and  Means. 

HCR  2,  establishing  a  joint  committee  to  study  the  railroad 
conditions  and  related  matters  in  the  state  of  New  Hamp- 
shire. 

Reps.  John  Hoar,  Jr.,  Chairman,  Bigelow,  Hunt  and  An- 
thony Stevens. 

Sen.  Claveau. 

HCR  7,  establishing  a  joint  committee  to  study  federal  funding 
from  the  Administration  on  Aging. 

Reps.   Read,   George  B.   Roberts,  Jr.,   and  Roderick   H. 
O'Connor. 

Sens.  Blaisdell  and  Downing. 


House  Journal,  11Apr74  453 

HOUSE  RESOLUTION  referring  section  2  of  Senate  Bill  23 
relative  to  consolidation  of  regional  planning  commissions. 

House  Municipal  and  County  Government. 

SB  1,  providing  for  open  and  honest  political  campaigns  in  New 
Hampshire  by  requiring  greater  accountability  and  full 
disclosure  of  campaign  contributions  and  expenditures; 
and  protecting  party  loyalty  by  disqualifying  defeated 
primary  candidates  from  being  nominated  by  petition 
under  certain  circumstances. 

House  Statutory  Revision. 

SB  13,  establishing  a  combined  horse  and  dog  racing  commis- 
sion. 

Senate  Ways  and  Means  and  Administrative  Affairs. 

SB  15,  transferring  permanent  state  prison  employees  from 
group  I  of  the  New  Hampshire  Retirement  System  to  group 
II  or  from  the  State  Employees'  Retirement  System  to 
group  n,  and  making  an  appropriation  therefor. 

Fiscal  Committee. 

SB  16,  expanding  the  definition  of  "industrial  facility"  under 
the  industrial  development  aiuhority  to  include  post-sec- 
ondary educational  facilities. 

Senate  and  House  Education. 

SB  21,  establishing  a  commission  on  children  and  youth. 
House  Public  Health  and  Welfare. 

SB  22  (Chapter  22),  establishing  a  study  committee  to  develop 
a  plan  to  provide  public  assistance  to  private  institutions 
of  higher  learning  in  this  state  and  relating  to  the  Lafayette 
Regional  School  District  and  Bethlehem  School  District. 

Sens.  Jacobson  and  Green.  Reps.  D'Allesandro,  Raymond 
and  Copenhaver.  Dr.  Louis  Vaccaro,  New  London;  Dr.  Leo 
Redfern,  Keene;  Dr.  Jere  Chase,  Dover. 

SB  28,  to  establish  standards  of  care  and  treatment  of  alcoholics, 
intoxicated  persons  and  drug  dependent  people. 

House  Public  Health  and  Welfare. 


454  House  Journal,   11Apr74 

SJR  3  (Chapter  27),  establishing  a  committee  to  study  highway 
safety  and  motor  vehicle  weight,  length  and  width  require- 
ments. 

Sens.  Poulsen,  Lamontagne  and  Downing. 

Reps.  Arthur  F.  Mann,  Bigelow,  Parnagian,  Duhaime  and 
Cushman. 

Keith  Vaskelionis,  Nashua,  Peter  DeCato,  Lebanon,  (Third 
member  to  be  appointed.) 

The  commissioner  of  public  works  and  highways,  or  his 
designee. 

The  director  of  motor  vehicles,  or  his  designee. 

The  manager  of  the  New  Hampshire  Division  of  the  Ameri- 
can Automobile  Association,  or  his  designee. 

The  attorney  general,  or  his  designee. 

The  chairman  of  the  highway  safety  commission,  or  his 
designee. 

The  director  of  legislative  services,  or  his  designee. 

SCR  1,  referring  the  question  of  reclassification  of  certain  high- 
way in  the  town  of  Clarksville  to  a  joint  legislative  com- 
mittee. 

Senate  Public  Works  and  Transportation  and  House  Pub- 
lic Works. 

SCR  2,  referring  the  question  of  compensation  for  the  town  of 
Gorham  to  a  joint  legislative  committee. 

Senate  Public  Works  and  Transportation  and  House  Pub- 
lic Works. 

SENATE  RESOLUTION  establishing  an  interim  committee 
to  study  oil  companies  and  other  energy  suppliers. 

Sens.  Porter,  Chairman,  Jacobson  and  Bossie. 

ANNOUNCEMENT 

Rep.  Raymond  replaces  Rep.  Weeks  on  the  Fiscal  Com- 
mittee. 

On  motion  of  Reps.  George  B,  Roberts,  Jr.,  Coutermarsh, 
Chase  and  Drake  the  House  adjourned  at  6:59  p.m. 


Appendix  455 

APPENDIX 

The  following  statement  was  given  to  the  House  on  March 
20,  1974  by  Rep.  Arthur  M.  Drake  and  was  by  error  omitted 
from  the  Journal  although  referred  to  in  debate  on  that  day. 

Mr.  Speaker,  in  order  to  keep  the  House  properly  advised 
as  to  their  deliberations  on  the  fiscal  conditions  of  the  State 
and  the  bills  which  lie  before  it,  I  have  today  prepared  for  you 
four  reports,  and  I  ask  that  they  all  be  inserted  in  the  Journal 
as  an  official  document  and  report,  so  that  there  will  be  a  clear 
record  of  our  position. 

I  would  like  to  start  with  a  comparative  estimate  of  Un- 
restricted Revenues  dealing  with  1974  and  1975,  based  on  an 
actual  eight  months  of  delivery  of  revenue  in  this  current  fiscal 
year.  We  reviewed  every  one  of  the  agencies  involved,  on  an 
item-by-item  and  agency-by-agency  basis.  The  report  which  I 
have  before  me  represents  the  ofhcial  position  of  the  Appropria- 
tions Committee  on  March  13th,  in  adopting  the  estimates  of 
revision  of  revenue  for  1974  and  1975,  and  we  commend  these 
to  any  future  Committees  of  Conference  dealing  with  subjects 
before  this  Session. 

The  estimates  show  on  the  basis  of  an  eight  months'  actual 
delivery,  our  adoption  of  a  two  million  dollar  increase  in  reve- 
nue in  1974  fiscal  year  over  the  official  Committee  of  Conference 
Report  on  which  the  budgets  were  based  in  the  last  regular 
session. 

Based  on  the  indefinite  picture  which  we  are  still  facing 
in  regards  to  the  downturn  of  traffic  on  our  roads,  we  did  not 
use  that  as  a  basis  for  projecting  our  figures,  but  reviewed  again 
with  the  best  information  we  had  from  the  agencies  involved, 
with  the  LBA  staff,  and  our  final  determination  for  recom- 
mendation, a  million  nine  downward  revision  in  1975  from  the 
Committee  of  Conference  Report  of  July  16  of  '73.  In  effect,  we 
have  been  that  close  to  the  estimates  of  revenue  that  this  recom- 
mendation provides  a  $122,000  increase  in  the  estimates  of 
revenue  from  those  used  by  the  final  Committee  of  Conference 
on  the  budget  in  1973.  We  feel,  and  I  have  backup  information 
which  indicates  the  support  of  these  estimates  —  there  are  some 
areas  in  which  we  differ.  This  document  will  show  you  where 
those  differences  are.  They  represent  the  department's  position 
on  March   1 2th  of  this  year,  the  Appropriations  Committee's 


456  House  Journal 

adoption  on  that  particular  line.  I  would  hope  that  I  could  get 
this  inserted  as  a  permanent  part  of  the  Journal,  so  that  you  may 
review  them,  and  if  there  are  subsequent  questions  you  want  to 
bring  before  this  Floor  and  have  the  Committee  answer  any 
questions,  we  will  be  happy  to. 

Having  established  what  we  consider  to  be  a  reasonable 
and  legitimate  base  against  which  to  measure  the  spending 
programs  of  the  State,  we  have  then  revised  first  the  Fish  and 
Game  Fund  and  its  budgets  and  potential  spending.  We  have, 
in  fact,  as  you  may  have  reviewed  in  House  Bill  1,  reduced  the 
authority  or  the  appropriation  for  Fish  and  Game  to  spend  by 
over  $300,000,  because  of  a  downturn  in  revenue,  particularly 
in  the  non-resident  sales.  We  have  adopted  and  the  Department 
concurs  with  new  estimates  of  revenue  for  the  Fish  and  Game 
Fund  for  1974  of  $2,365,000,  and  for  1975  fiscal  year  $2,405,000. 
This  represents  a  downturn  of  $348,000  from  the  Committee  of 
Conference  estimates  of  Fish  and  Game  funds  in  1973. 

Against  that,  we  have  measured  the  budget  ^vhich  was  re- 
vised and  submitted  in  the  form  of  House  Bill  1,  plus  the  pro- 
vision for  payment  back  into  the  Retirement  System  of  the 
Fish  and  Game  obligation  of  $109,000,  plus  provisions  for 
Workmen's  Compensation  payments,  which  are  now  set  up  so 
that  they  are  paid  on  a  regular  basis,  instead  of  an  annual  deficit 
basis,  and  we  estimate  that  the  unappropriated  surplus  of  the 
Fish  and  Game  Fund  on  June  30,  1975,  at  the  end  of  the  bien- 
nium,  will  be  $164,200.  Against  that,  the  potential  for  spending 
in  this  Session  is  that  portion  of  the  Fish  and  Game  Fund  which 
will  be  covered  in  the  salary  pay  bill.  My  recollection  of  that  is 
that  it  is  approximately  $136,000,  which  would,  in  fact,  leave  the 
Fish  and  Game  Department  virtually  at  a  zero  balance  in  June 
30,  1975,  where  once  again  their  lapses  from  their  appropria- 
tions would  be  their  balance. 

In  adopting  the  revenues  relating  to  the  Highway  Fund,  I 
must  confess  that  we  have  a  difference  of  opinion  between  the 
LBA's  Office,  the  Appropriations  Committee,  and  the  Depart- 
ment of  Safety  and  the  Highway  Department.  The  Department 
of  Safety,  who  are  charged  with  the  collection  of  the  taxes  levied 
under  Gasoline  Road  Toll  and  Motor  Vehicle  Fees,  concur 
with  Committee  recommendations.  The  Highway  Department 
differs  in  the  field  of  Motor  Vehicle  Fees  and  Gasoline  Road 
Tolls.  We  feel  that  ours  are  the  accurate  and  reasonable  con- 


Appendix  457 

elusions  that  can  logically  be  drawn.  What  these  do  reflect  is  a 
downturn  in  revenue,  and  we  have  restructured  the  Highway 
budget  in  House  Bill  1  accordingly,  that  it  was  a  downturn 
which  we  handled  by  revision  of  the  entire  budget  of  $9.6 
million  in  the  biennium  dealing  with  the  Highway  funds. 

The  major  change  has  been  the  Motor  Vehicle  Fees,  where 
we  now  have  concurrence  by  the  Safety  Department  that  they 
were  a  million  two  hundred  thousand  dollars  low  in  the  esti- 
mates ^vhich  we  adopted  last  June,  based  on  the  Department's 
estimates  in  the  Motor  Vehicle  Fees.  This  has  been  an  offset 
against  the  loss  of  Highway  Funds  Gasoline  Tax  Avhich  would 
enable  them  to  maintain  their  budget  level.  One  major  area  of 
change  actually  occurred  after  we  left  here  July  1st,  because 
of  the  change  of  federal  matching  with  the  State,  whereby  they 
are  now  funding  at  a  70%  level  on  Primary  Road  Reconstruc- 
tion and  Interstate,  instead  of  the  old  50-50  in  the  Primary 
Road  Reconstruction.  This  allowed  us  to  reduce  Highway's 
commitments  to  those  programs  by  five  million  dollars  in  this 
budoet. 

O 

Secondly,  we  took  out  2.8  million  dollars  of  previously 
authorized  construction  and  reconstruction,  and  half  a  million 
dollars  of  Equipment,  to  bring  their  budget  into  reasonable 
balance  against  available  funds.  As  this  report  will  show  you 
when  you  have  a  chance  to  examine  it,  we  are  projecting  that 
the  estimated  surplus  in  the  Highway  Fund  as  of  June  30,  1975 
will  be  $1,943,000.  The  potential  charges  against  that  exist  only 
in  the  form  of  the  salary  bill  and  the  mileage  bill,  which  total 
between  them  $1,300,000,  which  would  leave  an  estimated  sur- 
plus of  $643,000  at  the  end  of  the  biennium  for  the  Highway 
Fund. 

The  next  one  is,  of  course,  the  most  difficult  one,  because 
it  involves  so  many  things,  and  that  is  the  General  Fund.  This 
report,  which  will  be  printed  in  the  Journal,  reflects  the  esti- 
mates of  revenue  as  presented  by  the  Appropriations  Committee 
and  approved  by  the  Appropriations  Committee,  which  show 
that  in  1974  we  started  the  fiscal  year  with  an  unappropriated 
surplus  of  21.2  million  dollars.  We  add  revenues  for  estimated 
unrestricted  revenue  of  $126  million  and  federal  revenue  shar- 
ing of  $6.4  million,  and  deduct  the  debt  service  of  four  million 
and  the  reimbursement  to  the  Towns  and  Cities  of  21  million. 
We  come  up  with  an  estimated  revenue  available  for  expendi- 


458  House  Journal 

ture  in  1974  of  107  million  dollars,  21  million  dollar  surplus, 
or  $128  million,  and  if  we  take  away  from  that  the  legislative 
specials  during  the  1973  Session  and  the  Operation  Budget, 
which  was  enacted  in  Chapter  376,  it  shows  that  we  would  end 
the  year  on  July  1st  of  this  year,  for  fiscal  1974,  of  20.1  million 
dollars  as  the  estimated  surplus. 

We  go  to  the  fiscal  year  1975  and  do  the  same  exercise 
which  shows  unrestricted  revenue  of  $129  million  and  federal 
revenue  sharing  of  $6.5  million,  less  the  debt  service  and  the 
reimbursement  to  locals,  which  grows  at  the  rate  of  1.1,  1.2  and 
1.3  million  dollars  a  year.  We  would  end  up  with  estimated 
fimds  available  for  Operating  Expenditures  of  $108,860,000 
plus  the  20  million  dollars  surplus,  for  $129,000,000.  Deduct 
from  that  the  legislative  specials  and  the  operating  budgets,  and 
the  surplus  that  you  all  have  been  hearing  and  discussing  that 
we  were  considering  when  we  came  into  Special  Session  would 
still  rest  at  13.8  million  dollars.  From  that  point  forward,  this 
report  would  show  Avhat  proposed  spending  there  is  in  1974 
fiscal  year  in  House  Bills  already  passed  into  the  Senate,  Senate 
Bills  already  passed  into  the  House  of  $1,175,000  and  for  1975 
of  House  Bills  passed  into  the  Senate  and  Senate  Bills  passed 
into  the  House  of  $10,797,000.  I  think  we  can  give  you  a  little 
better  revision  of  total  on  that  by  going  to  a  fiscal  explanation 
of  the  potential  surplus  expenditures.  If  \ve  started  with  an 
estimated  surplus  on  July  1st  of  1975  of  the  13.8  million  dollars, 
deduct  from  that  the  AFDC  Contingency  Fund  which  was  in  the 
last  budget,  I  am  sure  you  are  aware  that  Governor  and  Council 
authorized  expenditure  against  that  footnote  of  $1,750,000 
either  last  week  or  the  week  before,  to  maintain.  That  is  a  firm 
commitment  against  that  surplus.  There  also  remains  a  21 
million  dollar  liability  against  that  program  for  the  balance  of 
1975  which  we  feel  has  to  be  taken  off  that  surplus  not  available 
to  spend  for  other  purposes. 

Deduct  further  the  loss  of  Department  of  Resources  and 
Economic  Development  revenue  for  this  past  season  of  $650,000. 
You  get  down  at  that  point  to  8.4  million  dollars.  Then  if  you 
deduct  less  House  Bills  passed  to  the  Senate  of  $10,092,000,  you, 
at  that  point,  in  reference  to  the  13.8  million  dollars,  will  have 
overexpended  by  a  million  six.  Less  Senate  Bills  passed  to  the 
House  of  $2,880,000,  and  you  get  a  balance  of  expenditure  level 
above  the  13.8  million  estimated  as  available  of  $4,494,000.  In 


Appendix  459 

effect,  what  you  are  then  permitting  if  all  of  these  bills  passed, 
is  that  much  money  out  of  the  surplus  of  lapses  and  adjustment 
for  lapses. 

I  have  before  me  a  review  of  the  lapses  in  1970,  71,  72  and 
73,  and  these  are  by  Comptroller  public  statements  of  $4,863,000 
for  1970.  These  are  the  lapses  and  adjustments  for  lapses.  For 
1971,  which  is  the  second  year  of  the  biennium,  5.955  million 
dollars.  For  1972,  a  3,316,000  lapse.  For  1973,  a  4,970,000  lapse. 
Which  leads  us  up  to  the  final  position  of  in  previous  years  and 
previous  discussions  using  two  and  one-half  million  dollars  as 
the  estimate  of  lapses  which  would  be  the  surplus,  and  at  this 
point  I  am  perfectly  willing  to  accept  and  defend  on  what  has 
actually  been  performed  by  a  reviews'  of  the  Salary  Adjustment 
Fimd.  The  Salary  Adjustment  Fund  in  the  last  biennium,  for 
the  two-year  period,  showed  a  lapse  of  a  million  eight  hundred 
thousand.  For  the  first  eight  months  of  this  fiscal  year  the  Salary 
Adjustment  Fund  stands  at  1.4  million  dollars.  There  has  been 
a  very  substantial  increase.  Fm  sin^e  you  are  all  aware  that  this 
is  primarily  connected  with  the  Executive  Orders  which  pre- 
vented the  spending  of  money  which  was  previously  appropri- 
ated for  both  Equipment  and  Personnel. 

It  is  my  firm  opinion  that  an  estimated  lapse  of  five  million 
dollars  for  1974  and  four  million  dollars  for  1975  is  a  completely 
justified  estimate  of  availability  of  fimds  through  lapses,  which 
would  give  for  the  biennium  a  nine  million  dollar  lapse  figure. 
In  essence,  all  the  bills  and  all  of  the  proposed  spending  would 
then  reduce  this  proposed  lapse  position  by  one-half,  so  that  if 
everything  passes  as  it  now  stands,  there  would  be  an  estimated 
surplus  from  lapses  of  4.5  million  dollars  at  the  end  of  the 
biennium,  and  the  final  note  of  caution  I  would  have  to  add 
because  I  think  that  if  you  do  what  I  have  done  and  do  a  simple 
arithmetic  reduction  in  these  pages,  1974  and  1975  fiscal  years, 
I  have  to  advise  you,  you  can  do  it  yourself,  but  I  think  the 
factual  presentation  is  there,  that  in  1975  fiscal  year,  if  all  bills 
passed,  this  legislature  will  be  embarked  on  a  spending  program 
of  20  million  dollars  in  excess  of  its  actual  revenue.  Regardless 
of  where  the  money  comes  from,  from  lapses  or  from  surplus, 
you  will  actually  be  approving  spending  twenty  million  dollars 
in  excess  of  your  actual  revenue  for  1975. 


460  House  Journal 

HOUSE  JOURNAL 
SUBJECT  INDEX 

The  index  on  the  pages  immediately  following  refers  to  bills,  joint  resolu- 
tions, and  concuiTent  resolutions  by  number.  Other  subject  matter  including 
roll  calls  have  references  to  page  number. 

The  Numerical  Index  following  this  index  gives  the  page  references  to  all 
action  on  numbered  bills,  joint  resolutions,  and  concurrent  resolutions. 

The  abbreviations  listed  below  are  used  in  this  Subject  Index: 

adop  adopted 

am  amended,  amendment  (s) 

res  resolution 

A 

Accounting  practitioners,   public   accountants   permitted   to   form   pro- 
fessional associations    HB  16 

Actuary  study  of  cost  of  living  increases  for  retirement  systems SB  18  am 

Administrative  procedure  act,  certain  regulations  of  public  works  and 
highways    exempt;    fish    and    game    department    exempt    until 

June  30,   1975    HB  24  am 

Aged 

minimum  income  guaranteed;  liens  against  property  repealed HB  26 

property  tax  exemptions 

graduated  from  ages  65  to  80;  net  income  conditions  increased SB  2 

graduated  from  ages  70  to  80;  net  income  conditions  increased  SB  34 

Aging,  Administration  on,  federal  funding  from,  study  HCR  7 

Agricultural  fairs,  physical  improvements,  tax  portion  of  pari-mutuel 

pools   HB  32  am 

Agriculture   department,   standardbred   breeders   and   owners   develop- 
ment agency    SB  10 

Ahern,  William  J.,  former  representative,  gavel  of,  presented   258 

Ainley,  Rep.  Greta  M.,  elected  vice-president  of  OWLS   396 

Alcohol  and  drug  abuse  program,  comprehensive  treatment  of  alcoholics  SB  28 
Alcoholic  beverages,  business  profits  tax  exemption  when  manufactured 

out  of  state  and  sold  to  state  SB  29 

Allard,  Rep.  Edmond,  res  on  death   234-235 

Alton,  town  of,  included  in  Winnipesaukee  River  basin  pollution  con- 
trol   system    HB  33 

Alukonis,  Rep.   Stanley,  birthday    85 

Appropriations 

capital  improvements    HB  2 

supplemental,  fiscal  1974  and  1975  HB  1 

Attorney  general 

advisory   opinion   request   re   manpower   training   and  other  federal 

programs,  res  248,  adop  320 
consumer  protection  division,  guidelines  for  mobile  homes,  rules  and 

regulations    SB  12 

B 

Barrus,   Rep.   George  A.,  guest  chaplain    85 

Beaulieu,  Rev.  Joseph  Y.,  chaplain,  commendation,  res  adop 441-442 

Bell,  Rep.  Kenneth  G.,  retirement  tribute   440-441 

Berlin,  city  of 

election  of  delegates  to  constitutional  convention,  March  12,  1974 SB  14 

industiial  facilities,  revenue  bonds  may  be  issued  SB  31 

Bethlehem 

school  district  cooperative  authorized  with  Lafayette  regional  school 

district;   referendum    SB  22  am 

town  of,  meeting  legalized SB  9  am 


Subject  Index  461 

Bigelow,   Rep.   L.   Waldo,  birthday    S'l 

Bills 

automated  status  system   demonstrated    442443 

procedures  for  handling  follo^ving  final  action  421-422 

Blind,  minimum  income  guaranteed    HB  26 

Boats,  number  plates,  changeable  effective  date  designations  HB  24 

Bunds 

housing  authorities,  interest  rate  increased HB  20 

state,  for  docking  facilities  and  fishing  piers  on  seacoast SB  17  am 

Boucher,  Rene,  mileage  compensation  SJR  1 

Brentwood,  town  of,  meeting  legalized   SB  9  am 

Budget,    capital     HB  2 

Business  profits  tax  exemption,  alcoholic  beverages  and  wine  sold  to 

state   SB  29 


C 

Candidates.  See:  Elections 

Canney,  Rep.  Ralph  W.,  death,  expression  of  appreciation  from  Mrs. 
Canney  23,  res  235 

Capital  improvements  appropriation    HB  2 

fishing  piers  and  docking  facilities  on  seacoast SB  17  am 

Mt.  Washington  summit   SB  7 

Capital  punishment  for  capital  minder   SB  27  am 

Chancellor,  UNH,  appointment   HB  21  am 

Chaplain.  See:  Beaulieu,  Rev.  Joseph  Y. 

Chester,  town  of,  meeting  legalized  SB  9  am 

Children 

and  youth,  N.H.  commission SB  21 

dependent,  aid  to  families,  supplemental  appropriation  HB  4 

handicapped,  education 

non-public  schools,  curriculum  approval  by  state  board  of  education 

before  expenditures  of  public  money HB  21  am 

school  districts'  tuition  payments  other  than  specified  HB  29 

termination  of  parental  rights,  form  of  notice  SB  8  am 

Cities 

halfway  houses  for  persons  under  21,  appropriations  permitted  ....  HB  7  am 
mass  transportation,  intergovernmental  agreements;  optional  referen- 
dum      HB  7  am 

oil  refineries,  local  option   HB  18  am 

planning  boards,  one  member  may  serve  on  conservation  commission  SB  23  am 

Claims  against  N.H.,  Boucher,  Rene  SJR  1 

Clarksville,  highway  reclassification  study   SCR  1 

Clerk  and  assistant,  compensation  same  as  in  regular  session;  res  adop   8 

Cogswell,  Rep.  Charlotte  P.,  res  on  death   234-235 

Collective  bargaining 
state   employees,   representative   organizations,   non-members,   service 

fees  in  lieu  of  membership  dues   HB  14 

UNH,  academic  employees  included;  bargaining  units  restructured  . . .  HB  14 
Conununity  antenna  television  systems,  franchises  granted  by  cities  and 

towns    SB  24  am 

Condemnation.  See:  Eminent  domain 
Conservation 

commissions,  one  member  may  serve  on  planning  board  SB  23  am 

critical  lands   HB  22 

officers,  overtime  pay   HB  40 

Consumer  protection,  mobile  homes,  rules  and  regulations,  guidelines.  ...  SB  12 

Conway,  Rep.  Frank  T.,  res  on  death   235 

Cooperative  regional  planning  commissions SB  23  am 

Cost  of  living  increases,  retired  members  of  state  retirement  systems; 

actuarial  study    SB  18  am 

See  Nimierical  Index  following  for  action  on  bills 


462  House  Journal 

Cote,  Rep.  Margaret  S.,  birthday   229 

Criminal  code,  murder,  definitions  and  penalties SB  27  am 

Critical  lands  commission    HB  22 

Current   use   advisory   board    transferred   to   revenue   administration   de- 
partment     HB  12 

D 

Dairy  products.  See:  Milk 

Death  penalty  for  capital  murder   SB  27  am 

Deer  hunting,  limitations    HB  10 

Descent  and  distribution,  passage  of  testate  and  intestate  property SB  8 

Desilets,  Rep.   Romeo  A.,  res  on  death    235 

Disabled,  permanently  and  totally,  minimum  income  guaranteed;  liens 

against  property  repealed    HB  26 

Dog  racing,  pari-mutuel  pools,  commission  increased;  tax  rate  amended  .  .  HB  32 
Drake,  Rep.  Arthur  M.,  report  and  remarks  on  fiscal  condition  of  the 

state    240-246,    455-459 

Drugs,  abuse.  See:  Alcohol  and  drug  abuse 

Durham,    town   of,   bond   issue   vote   for   water   system   improvements 

legalized    SB  33 

£ 

Education.  See  also:  Schools 

children   in  institutions,  tuition  liability  of  district  of  parents'  resi- 
dence on  Jan.  1   HB  29  am 

handicapped   children,   non-public   schools,   curriculum   approval   by 

state  board  of  education  before  expenditures  of  public  money  HB  21  am 

higher,  public  assistance  to  private  institutions,  study  SB  22  am 

Elderly.  See:  Aged 
Elections 

candidates,  national  party  conferences,  declaration   HB  8 

political  expenditures   increased    HB  19 

political  parties.  See:  Political  parties 
Electric  utilities,  termination  of  services,  good  cause  and  notice  required  SB  19 

Emergency  diagnostic  detention  of  mentally  ill,  30  day  limitation  HB  30 

Eminent   domain,   railroad   properties,   acquisition   by   public   utilities 

commission   HB  31 

Energy 

administrator    HB  5  am 

facilities,   study    HB  34  am 

facility  evaluation   committee,  terms  and  conditions  of  permits  for 

constructing  oil  refineries   HB  34 

suppliers,  policies,  study   SJR  2 

Enfield,  town  of,  meetings  legalized  SB  9  am 

Exeter,  town  of,  meetings  legalized  SB  9  am 

F 

Fairs,  agricultural,  physical  improvements,  tax  portion  of  pari-mutuel 

pools  HB  32  am 

Federal 

credit  programs,  policies  and  guidelines  re  implementation  of  circu- 
lar No.  A-70,  res  adop    438-440 

food  stamp  program   HB  3 

funding  from  the  Administration  on  Aging,  study HCR  7 

manpower    training   and   other   federal   programs,   attorney   general 
opinion  request,  res  248,  adop  320 

Firearms,  unloaded,  on  off  highway  recreational  vehicles HB  27 

Firemen's  retirement  system 

cost  of  living  increase    SB  18 

members  may  transfer  to  N.H.  retirement  system  July  1,  1975 HB  35 

Fiscal  conunittee.  See:  General  court,  fiscal  committee 


Subject  Index  4G3 

Fish  and  game 

deer,  limitations  on  hunting  bucks  in  particular  areas HB  10 

licenses,  special  for  pheasants  HB  10 

regulations,  certain  ones  exempt  from  publication  in  newspaper  . .   HB  24  am 

Fishing  industry,  memorializing  congress   HCR  3 

Flat  grant  payments  under  public  assistance HB  4  am 

Fletcher,  Rep.  Ernest  W.,  res  on  death   235 

Food  stamp  program    HB  3 

Franchises 

agreements  between  gasoline  suppliers  and  dealers  regulated SB  20 

community  antenna  television  systems  granted  by  cities  and  towns.  .   SB  24  am 
Franklin   Pierce  Law   Center,   degree   granting  powers;   post-secondary 

education  commission  revie^v    HB  28 

Frost,  Robert,  day  proclaimed  in  honor  of HCR  6 

Fuel  administrator.  See:  Energy  administrator 

G 

Gas  utilities,  termination  of  services,  good  cause  and  notice  required  ....   SB  19 

Gasoline  service  stations.  See:  Motor  vehicles,  service  stations 

Gay,  Rep.  Charles  H.,  res  on  death   235 

General  court 

adjournment     452 

bills.  See:  Bills 
fiscal  committee 

members,  changes   454 

N.H.  retirement  system,  group  II,  prison  employees  transferred  to, 

study    SB  15 

joint  convention,  governor's  address 9-17 

schedule  of  legislative  days HCR  5 

special   session    called    1 

Gilford  school  district,  meeting  legalized   SB  9  am 

Goodrich,  Rep.  Vera  E.,  birthday   249 

Gorham,  town  of,  compensation  for  trenching  water  pipes,  study SCR  2 

Governor  (Meldrim  Thomson,  Jr.) 

address,  opening 9-17 

and  council,  motor  vehicles,  speed  limits,  temporary  HB  24 

vetoes,  increasing  political  expenditures  (HB  19)  276-279 

Greyhound  racing.  See:  Dog  racing 

Group  homes.  See:  Halfway  houses 

H 

Hackler,  Rep.  Jacob  M.,  res  on  death   235 

Halfway  houses  for  persons  under  21,  cities  and  towns  may  appropriate 

money  for   HB  7  am 

Hampton  Falls  school  district  meeting  legalized  SB  9  am 

Hampton,    fishing   pier   and    boating    facilities,   capital   improvements 

appropriation     SB  17  am 

Handicapped  children,  education 

non-public  schools,  curriculum  approval  by  state  board  of  education 

before  expenditures  of  public  money  HB  21  am 

tuition  payments  other  than  specified HB  29 

Haverhill  school  district  meeting  legalized   SB  9  am 

Highways 

classification,  Clarksville,  study   SCR  1 

hitchhiking  permitted  when  not  on  paved  portion  of  highway  HB  37 

Historic 

district  commission,  planning  board  member  optional  SB  23  am 

preservation 

office  and  review  board,  appropriation   SB  11 

under  authority  of  critical  lands  commission HB  22 

Hitchhiking.  See:  Soliciting  rides 

Home  for  the  elderly,  N.H.  nurses'  salaries  increased,  overtime  pay HB  40 

See  Numerical  Index  following  for  action  on  bills 


464  House  Journal 

Homeowners  tax  exemption 

or  elderly  exemption,  elderly  to  have  option  where  former  has  been 

adopted  SB  34 

valuation  over  $8,000 SB  2  am 

Homicide.  See:  Murder 

Horses,   standardbred   breeders   and   owners   development   agency;   sire 

stakes  program   SB  10 

Hospital,  N.H. 

correctional  psychiatric  aides,  hazardous  duty  pay,  appropriation  .  .   HB  11  am 

employees  engaged  in  patient  care,  differential  pay  increase HB  11  am 

nurses,  salaries  increased,  overtime  pay  HB  40 

patients  or  inmates,  expense  rates  based  on  categories  HB  29  am 

House  of  Representatives 

bills.  See:  Bills 

informed  that  Senate  has  assembled  for  special  session  8 

journal.  See:  Journal,  House 

meeting,  cancellation  by  speaker  in  case  of  hazardous  weather  conditions  ...   8 

meeting   time    23,  219 

members 

qualified    2,  200 

twenty  or  more  years  of  service  in  the  general  court,  res 248-249 

mileage.  See:  Mileage,  legislative 

sessions  recorded  on  tape,  res  adop  9 

speaker.  See:  Speaker 
Housing  authorities,  bonds,  interest  rate  increased   HB  20 

I 

Industrial  development  facilities,  Berlin  and  Keene   SB  31  am 

Institutions,  education  of  inmates  under  21,  tuition  liability  of  district 

of  parents'  residence  on  Jan.  1   HB  29  am 

Interstate 

cooperation,  railroad  properties,  joint  purchase    HB  31 

transportation  agreements  between  governmental  imits  HB  7 

Intoxication.  See:  Alcoholism 

J 

Jackson,  Miriam,  in  memory  of  HCR  1 

Joint  conventions.  See:  General  court,  joint  convention 

Journal,  House,  prepared  from  tapes,  res  adop 9 

Judges.  See:  Superior  court;  Supreme  court 

K 

Keene 

city  of,  industrial  facilities,  revenue  bonds  may  be  issued SB  31  am 

state  college.  See:  University  of  N.H. 

L 

Laconia 

city  of,  ward  lines  changed,  referendum  HB  15 

state  school 

employees  engaged  in  patient  care,  differential  pay  increase  ....  HB  11  am 

nurses,  salaries  increased,  overtime  pay   HB  40 

Lafayette  regional  school  district,  cooperative  authorized  with  Bethle- 
hem school  district;  referendum   SB  22  am 

Land,  classification  of  certain  areas  as  critical HB  22 

Landlord  and  tenant.  See  also:  Mobile  home  parks 
standards   of   fitness   violated,   actions   for  rent  not  maintained;   re- 
prisals  prohibited    SB  6 

Law  enforcement  employees,  standard  work  week  reduced,  overtime  pay 

increased  SB  3 

Licen.ses,  fish  and  game.  See:  Fish  and  game,  licenses 


Subject  Index  465 

London,  Roy  M.,  former  representative,  res  on  death  235 

Londonderry  school  district,  debt  limitation  increased  HB  9 

Lovejoy,  Rep.  Henry  M.,  res  on  death 235 

M 

Manpower  training  and  other  federal  programs,  attorney  general  opin- 
ion request,  res  248,  adop  320 

Mentally  ill,  commitment,  detention,  and  discharge  procedures   HB  30 

Merrimack  county,  register  of  probate,  assistant  for  a  specific  assign- 
ment       HB  30 

Mileage 

legislative,  report  249-250 

state  officials  and  employees,  increased  to  12  cents  HB  17 

Milk,  sale  in  3  quart  containers   HB  36 

Mobile  home  parks,  rules  and  regulations;  tenant  furnished  with  copy  SB  12  am 
Motor  vehicles 

driver  training  in  secondary  schools,  regulation  of,  director  of  motor 

vehicle  replaced  by  safety  commissioner  HB  24  am 

manufacturers,  distributors,  and  dealers,  regulation  of  business  prac- 
tices, termination  date  repealed    HB  13 

number   plates,  changeable  effective   date  designation;   free   replace- 
ment after  one  year  of  use HB  24  am 

privileges   free   to  disabled  veterans,  unemployable  requirement  re- 
pealed   HB  24  am 

service  stations,  franchise  agreements  between  suppliers  and  dealers 

regulated;  motor  fuel  prices  posted   SB  20 

speed  limits,  temporary,  set  by  governor  and  council  HB  24 

trucks,  weight,  length,  and  width  requirements,  study SJR  3 

Mt.  Washington  summit,  capital  improvements,  appropriation  SB  7 

Murder,  definitions  and  penalties    SB  27  am 

N 
National  party  conferences,  delegates,  election,  2nd  Tuesday   in   Sep- 
tember     HB  8 

New  Castle,  town  of,  meeting  legalized SB  9  am 

N.H.  network,  employees,  salary  increase   HB  1 1  am 

Nurses 

registered,  permitted  to  form  professional  associations  HB  16  am 

state  institutions,  salaries  increased,  overtime  pay  HB  40 

O 

O'Connor,  Father  Francis  J.,  assistant  chaplain   1 

Off  highway  recreational  vehicles,  imloaded  firearms  permitted  HB  27 

Oil 

companies,  policies,  study    SJR  2 

454 

refineries 

in  cities  and  towns,  local  option HB  18  am 

permits  from  energy  facility  evaluation  committee HB  34 

Old  age  survivors  insurance,  additional  appropriation  HB  11 

O'Neil,  Rep.  James  E.,  Sr.  See:  Speaker 

Open  space  land,  classification,  appeals  to  board  of  taxation  or  superior 

court    HB  12 

P 

Parental  rights,  termination,  form  of  notice SB  8  am 

Pari-mutuel  pools,  dog  racing,  commission  increased;  tax  rate  amended  .  .  HB  32 
Petroleum  products 

franchise  agreements  between  suppliers  and  dealers  regulated   SB  20 

refined  in  state,  tax  rate   HB  34 

Pheasant  hunting,  special  license;  stamp  fee   HB  10 

Pillsbury,  John,  former  representative,  re  the  life  of  Robert  Frost 233 

Pistols,  unloaded,  permitted  on  off  highway  recreational  vehicles  HB  27 

Pittsfield,  town  of,  special  meeting  legalized  SB  9  am 

See  Numerical  Index  following  for  action  on  bills 


466  House  Journal 

Planning  boards.  See  also:  Regional  planning 

cities,  one  member  may  serve  on  conservation  commission   SB  23  am 

Plymouth  state  college.  See:  University  of  N.H. 
Policemen's  retirement  system 

cost  of  living  increase   SB  18 

members  may  transfer  to  N.H.  retirement  system  July  1,  1975 HB  35 

Political 

expenditures  increased   HB  19 

parties,  national  conferences,  election  of  delegates  2nd  Tuesday  in 

September     HB  8 

Pollution  control.  See:  Water  supply  and  pollution  control  commission 
Port  authority,   capital   improvements,  appropriation;  oil  and  gas  re- 
fineries  prohibitions    SB  17  am 

Portsmouth,  fishing  pier,  capital  improvements  appropriation SB  17  am 

Prison,  state.  See:  State  prison 

Professional  associations,  public  accountants  and  registered  nurses  per- 
mitted to  form   HB  16  am 

Public  assistance.  See  also:  Welfare 

to  private  colleges,  study   SB  22  am 

Public  health  services,  alcoholics,  comprehensive  treatment SB  28 

Public  utilities 

commission,  acquisition  and  sale  of  railroad  properties,  transfer  of 
power  to  transportation  authority  upon  approval  by  general 
court  HB  31  am 

termination  of  gas  and  electric  service,  good  cause  and  notice  required  SB  19 

R 

Racing 

dogs,  pari-mutuel  pools,  commission  increased;  tax  rate  amended HB  32 

harness,  sire  stakes  program   SB  10 

Railroads 

acquisition  and  sale  by  public  utilities  commission,  transfer  of  power 

to  transportation  authority  upon  approval  by  general  court  .  .  HB  31  am 

conditions  in  N.H.,  study  HCR  2 

Regional  planning  commissions,  cooperative,  study  res  adop   331-332,  453 

Regional  Rails  Reorganization  Act  of  1973,  railroad  properties,  public 

utilities  commission  to  comply  with   HB  31 

Registers  of  probate,  commitment  procedures  of  mentally  ill   HB  30 

Resources  and  economic  development  department,  historic  preservation 

office     SB  11 

Retirement  provisions  for  supreme  and  superior  court  justices SB  26 

Retirement  system,  N.H. 

additional  appropriation    HB  11 

cost  of  living  increase;  actuarial  study   HB  18  am 

group  II 

prision  employees   transferred   to    SB  15 

retirement  after  20  years;  assessments  increased   HB  35 

Revenue  administration  department,  current  use  advisory  board HB  12 

Rochester,   city   of,   police   commission   abolished,   chief  appointed   by 

mayor;   referendum    HB  23 

Roll  calls 
HB  19,  increasing  the  amount  of  political  expenditures  authorized 
for  candidates  in  primai7  and  general  elections  seeking  the  office 
of  governor,  U.S.  senator,  representative  in  congress,  governor's 
councilor,  county  officer,  state  senator  or  representative  to  the  gen- 
eral court.  Question,  pass  over  governor's  veto.  Yeas,  146;  Nays,  180  310-313 
HB  22,  establishing  a  critical  lands  commission;  providing  for  the 
classification  of  certain  land  areas  of  the  state  as  critical  and  making 
an    appropriation    therefor.    Question,    substitute    inexpedient    for 

ought  to  pass  with  amendment.  Yeas,  212;  Nays,  117   35-38 

HB  34,  re  energy  facility  evaluation,  siting,  construction,  and  o23Lra 
tions  and  providing  a  tax  on  refined  petroleum  products.  Question, 
pass  with  amendment.  Yeas,  109;  Nays,  233   18r)-188 


Subject  Index  467 

Roll  calls  (continued) 

HB  35,  providing  for  20  years  retirement  for  members  of  group  II 
under  the  N.H.  retirement  system,  permitting  the  transfer  of  mem- 
bers of  the  N.H.  firemen's  retirement  system  and  of  the  N.H.  police- 
men's retirement  system  into  the  N.H.  retirement  system  and 
making  an   appropriation   therefor.   Question,  substitute  ought   to 

pass  for  refer  to  study  committee.  Yeas,  229;  Nays,  91   158  161 

SB  2,  to  provide  fairer  real  estate  taxes  for  the  elderly  through  a 
partial  exemption  from  real  estate  taxes  for  persons  sixty  five  years 
of  age  or  older  under  certain  circumstances,  and  compensating  cities 
and  towns  for  consequent  loss  of  tax  base  and  making  an  appropria- 
tion therefor,  and  making  certain  revisions  in  the  homeowners' 
exemption  law.  Question,  adopt  conference  committee  report.  Yeas, 

206;    Nays,   83    4\2Al?> 

SB  27,  to  better  protect  the  safety  of  N.H.  citizens  and  law  enforce- 
ment officers  by  changing  penalties  for  homicide  in  certain  circum- 
stances.  Question,  substitute  ought   to   pass  with   amendment  for 

ought  to  pass.  Yeas,  201;  Nays,  101   302-305 

Rowell,  Jesse  R.,  fonner  representative,  res  on  death   235 

Roy,  Thomas  J.,   capitol   policeman,   consideration  of  disabled  house 

members,    res    adop    437-438 

Roy,  Rep.  Vesta  M.,  birthday  288,  birth  of  grandson  396 
Rules,  House 

1973  session  continued  with  amendments,  res  adop 17-18 

rule  28  (b)  (notice  of  reconsideration  effective  only  for  next  legislative- 
day)  am  adop 18 

rule  32  (v)  (duties  of  ways  and  means  committee)  am  adop 18 

rule  38  (bills,  how   introduced)   am  adop    18 

rule  43  (hearings  to  be  advertised  at  least  one  day  in  calendar)  am 

adop     18-19 

Rules,  joint 

legalizing  action  taken  by  rules  committees  for  scheduling  and  hold- 
ing hearings,  res  adop  19,  Senate  concurred  40 
rule   23    (conference   committee   title   and   subject   changes   must   be 
germane  to  bill  as  originally  submitted)  am  adop  20,  reconsidera- 
tion rejected  21 
rule  32,  neither  house  shall  adjourn  for  longer  than  5  days  without 

the  consent  of  the  other HCR  4 

Rye 

fishing  pier  and  boating  facilities,  appropriation  of  funds  remaining 

after  completion  of  Hampton  facilities    SB  17  am 

town  of,  meetings  legalized   SB  9  am 

S 
Safety  commissioner  to  replace  motor  vehicles  director  in  promulgating 

regulations  for  driver  training HB  24  am 

Salem,  town  of,  meeting  legalized   SB  9  am 

Salisbury,  town  of,  meetings  legalized   SB  9  am 

School  districts 

cooperative,  Lafayette  regional  and  Bethlehem;  referendum  SB  22  am 

handicapped,  tuition  payments  other  than  specified HB  29 

meetings,  March  5,  1974,  warrant  posted  on  Feb.  19,  1974,  legalized  . .  SB  9  am 
tuition  liability  for  institutionalized  children,  residence  of  parents  on 

Jan.  1    HB  29  am 

Schools 

non-public,  handicapped  children,  curriculum  approval  by  state  board 

of  education  before  expenditures  of  public  money HB  21  am 

safety    patrols SCR  3 

supervisory  unions,  federal  grant  accounts  separate  from  operating 

budget    HB  21  am 

Scribner,  Rev.  Gerald,  guest  chaplain 196 

Seabrook  school  district,  meeting  legalized  SB  9  am 

See  Numerical  Index  following  for  action  on  bills 


468  House  Journal 

Senate,  informed  that  House  has  assembled  for  special  session   3 

Sentences,  murder    SB  27  am 

Sewage  disposal  systems,  rules  and  regulations,  noncompliance,  penalties 

and  forfeitures   SB  4 

Shirley,  Wayne,  former  representative,  res  on  death 2S5 

Sire  stakes  program    SB  10 

Smith,  Eileen,  state  house  nurse,  letter  of  thanks    17 

Soliciting  rides  when  not  in  paved  portion  of  highway  permitted HB  37 

Somersworth,  city  of,  elected  officials  retained  until  next  regular  elec- 
tion; delegates  to  constitutional  convention  elected  from  wards 
established  prior  to  1973   HB  23 

Southard,  Rep.  Elmer  H.,  res  on  death    235 

Speaker 

cancellation  of  meeting  in  case  of  hazardous  weather  conditions   8 

speech  delivered  at  the  state  university  of  New  York  at  Albany  printed  220-229 

Spollett,   Rep.   Doris  M.,  honorary   chairman  of  Hampstcad  board  of 

selectmen   174,  open  house  for,  by  town  of  Hampstead   437 

Standardbred  breeders  and  owners  development  agency   SB  10 

State  employees 

collective  bargaining,  university  academic  employees  included;  seiTice 

fees  for  non-members  in  lieu  of  membership  dues HB  14 

executive  order's  preventing   the  hiring  of  new  personnel,  supreme 

court   decision    printed    r)3-60 

mileage  increased  to  12c HB  17 

overtime  pay   HB  6 

salaries  increased HB  1 1 

to  fill  existing  vacancies HB  40 

State  employees  retirement  system,  cost  of  living  increase   SB  18 

State  officials 

certain   salaries   increased    HB  1 1 

mileage  increased  to  12c HB  17 

State  prison 

employees  transferred  to  N.H.  retirement  system,  group  II SB  15 

personnel,  hazardous  duty  pay,  appropriation  HB  11 

Study  commissions,  committees,  and  assignments    451-454 

aged,  blind,  and  disabled,  minimum  income  guarantee HB  26 

alcohol  and  drug  abuse  treatment    SB  28 

children    and   youth   commission    SB  21 

Clarksville,  highway  reclassification    SCR  1 

collective  bargaining  for  state  employees   HB  14 

education,  higher,  public  assistance  to  private  institutions SB  22  am 

energy  facilities  HB  34  am 

federal  funding  from  the  Administration  on  Aging   HCR  7 

Gorhani,  compensation  for  trenching  water  pipes SCR  2 

motor  vehicles,  weight,  length,  and  width  requirements  SjR  3 

N.H.  retirement  system,  group  II,  prison  employees  transferred  to SB  15 

oil  companies  policies    SJR  2 

political   expenditures   and   contributions    SB  1 

port  authority  facilities    SB  17  am 

railroad   conditions   in   N.H HCR  2 

regional  planning  commissions,  cooperative   331-332 

unemployment  in  N.H.,  reporting  date  changed  HB  25 

water  supply  and  pollution  control  commission HB  33  am 

Superior  court,  justices,  retirement  benefits   SB  26 

Supreme  court 

appeals  from  decisions  of 

board  of  taxation  re  open  space  land  classification HB  12 

energy  facility  evaluation  committee   HB  34 

decision  printed,  executive  orders  preventing  the  hiring  of  new  state 

employees  53-60 

justices,    retirement   benefits    SB  26 

opinion  requested,  providing  a  tax  on  refined  petroleum  products  re 
HB  34  (division  II)  188-189,  printed  253-258 


Subject  Index  469 

Surviving  spouse,  passage  of  testate  and  intestate  property  to SB  8  am 

Sylvain,  Rep.  Donald,  res  on  death    235 

T 

Taxation  board,  appeals  to,  on  classification  for  open  space  land HB  12 

Taxes.  See  also:  Business  profits  tax 
exemptions 

elderly,  cities  and  towns  compensated  by  state  for  loss  of  taxable 

valuation  SB  2  am 

SB  34 
elderly,  graduated  from  ages  65  to  80;  net  income  conditions  increased  SB  2 
elderly,  graduated  from  ages  70  to  80;  net  income  conditions  in- 
creased; option  of  homeowners'  exemption  or  elderly  exemption..  SB  34 

homeowners,  valuation  over  $8,000  SB  2  am 

pari-mutuel  pools,  dog  racing,  rate  amended  HB  32 

petroleum  products  refined  in  state HB  34 

Teacher's  retirement  system,  cost  of  living  increase   SB  18 

Television,  community  antenna,  franchises  granted  by  cities  and  towns  SB  24  am 
Tenant.  See:  Landlord  and  tenant 
Thomson,  Meldrim,  Jr.  See:  Governor 

Town  meetings,  March  5,  1974,  warrant  posted  on  Feb.  19,  1974,  legal- 
ized        SB  9  am 

Towns 

halfway  houses  for  persons  under  21,  appropriations  permitted HB  7  am 

oil   refineries,   local   option    HB  18  am 

transportation,  agreements  with  other  governmental  units   HB  7 

Transportation.  See  also:  Railroads 

authority,    acquisition    and    sale   of   railroad    properties,    transfer   of 
power  from  public  utilities  commission  upon  approval  by  general 

court     HB  31  am 

public,  agreements  between  governmental  units    HB  7 

Trombly,  Rep.  Hector,  res  on  death   235 

U 

Unemploymen  t 

compensation  benefits  not  denied  if  transportation  to  place  of  busi- 
ness is  not  available  SB  5  am 

in  N.H.,  study,  reporting  date  changed   HB  25 

Uniform  acts,  alcoholism  and  intoxication  treatment,  adaptation  SB  28 

University  of  N.H. 

chancellor,  appointment  of;  included  as  trustee HB  21  am 

collective  bargaining,  academic  employees  included;  bargaining  units 

restructured    HB  14 

docking  for  marine  science  facilities  on  seacoast,  capital  improvements 

appropriation     SB  17  am 

employees,  salary  increase,  appropriation   HB  11  am 

hockey  team,  res  of  congratulations   30 

V 

Vachon,   Rep.   Marcel  A.,  res  on  death    235 

Veterans 

disabled,  unemployable  requirement  for  free  motor  vehicle  privileges 

repealed   HB  24  am 

home,  nurses,  salaries  increased,  overtime  pay HB  40 

Veto.  See:  Governor 

\V 

Warner  villages  fire  district,  meetings  legalized    SB  9  am 

Water  supply  and  pollution  control  commission 

sewage  disposal  rules  and  regulations,  noncompliance  penalties   SB  4 

study ■  •  ■  HB  33  am 

Winnipesaukee  River  basin,  reasonable  assessment  of  municipalities  .  .   HB  33 
See  Numerical  Index  following  for  action  on  bills 


470  House  Journal 

Weights  and  measures,  milk,  sale  in  3  quart  containers  HB  36 

Welfare 

aid  to  families  with  dependent  children,  consolidated  standards  except 

shelter  set  by  director HB  4  am 

division,   food  stamp   program,  appropriation    HB  3 

Wildlife  sanctuaries,  authority  of  critical  lands  commission  HB  22 

WiUs.  See:  Descent  and  distribution 

Wilmot,   town   of,   special   meeting   legalized    SB  9 

Wines,  business  profits  tax  exemption  when  sold  to  state SB  29 

Winnipesaukee  River  basin  pollution  control,  proportional  assessment 

of  municipalities  HB  33  am 

Witness  fees  and  mileage  increased   SB  3  am 

Y 

Youth.  See  also:  Children 
development  center 
employees  engaged  in  patient  care,  differential  pay  increase  . . .  HB  11  am 
nurses,  salaries  increased,  overtime  pay  HB  40 


Numerical  Index  471 

HOUSE  JOURNAL 
NUMERICAL  INDEX 

This  index,  arranged  by  bill  and  resolution  number,  gives  page  numbers 
for  all  action  in  the  House  on  each  numbered  bill  and  resolution.  They  are  listed 
in  the  following  order: 

HB  House  Bills 

HCR  House  Concurrent  Resolutions 

SB  Senate  Bills 

SJR  Senate  Joint  Resolutions 

SCR  Senate  Concurrent  Resolutions 

To  find  a  bill  by  its  subject,  see  the  Subject  Index  immediately  preceding 
this  Numerical  Index. 

All  matters  not  contained  in  bills  or  resolutions  will  be  found  in  the  Subject 
Index. 

The  abbreviations  listed  below  arc  used  in  the  Numerical  Index: 


adop 
am 

adopted 

amended,  amendment  (s) 

Approp 

referred  to  Appropriations  committee 

com 

committee 

cone 

concurred 

conf 

conference,  referred  to  committee  of  conference 

enr 

enrolled 

Fiscal  com 

referred  to  Fiscal  committee 

Intro 

introduced 

IP 
K 

indefinitely  postponed 
killed 

LT 

laid  on  table 

nonconc 

nonconcurred 

psd 
RC 

passed 
roll  call 

re 

relative  to,  relating  to 

recon 

reconsideration 

rej 

rejected 

r 

report 
Senate 

S  Ct  opin  req 

Study 

wthd 

Supreme  Court  opinion  requested 
referred  to  a  study  committee 
withdrawn,  withdrew 

HOUSE  BILLS 

HB  1  Making  supplemental  appropriations  for  expenses  of  certain  departments 
of  the  state  for  the  fiscal  years  ending  June  30,  1974  and  June  30,  1975  and 
making  other  biidgetaiy  changes.  (Drake  of  Coos  3) 

4,  am  86-152,  recon  rej  164,  psd  169,  nonconc  S  am,  conf  309,  319,  352,  rep 
adop  387,  388-396,  enr  404.  sent  to  governor  422-423  signed  426,  449  (Chapter 
40) 

HB  2  Making  appropriations  for  capital  improvements.  (Mann  of  Hil.  3,  Ray- 
mond of  Ches.  12) 

4,  am  &  Approp  63-74,  am  202-218,  psd  220,  nonconc  S  am,  conf  290,  319,  rep 
adop  358-375,  enr  404,  sent  to  governor  423,  signed  426-428,  449,  com  members 
appointed  451  (Chapter  38) 

HB  3  Re  establishment  of  a  food  stamp  program  and  making  an  appropriation 
therefor.  (D'AUesandro  of  Hil.  34  et  al) 

4,  Approp  48,  am  152-153,  recon  rej  164,  psd  169,  S  cone  292,  enr  293,  sent  to 
governor  348,  enacted  without  signature  352-354,  422  (Chapter  14) 
See  also  Subject  Index  preceding  this  index 


472  House  Journal 

HB  4  Providing  supplemental  grants  to  families  with  dependent  children  and 
making  an  appropriation  therefor.  (Brungot  of  Coos  8  et  al) 
First   new    title:    Providing   supplemental   grants   to   families   with   dependent 
children   and   making   an   appropriation   therefor   and   authorizing  flat   grant 
payments  for  categorical  assistance. 

Second  new  title:  Providing  supplemental  grants  to  families  with  dependent 
children  and  making  an  appropriation  therefor  and  authorizing  consolidated 
grant  standards  for  categorical  assistance  excluding  shelter. 

4,  am  &  Approp  47-48,  am  153-154,  recon  rej  164,  psd  169,  nonconc  S  am,  conf 
324,  336,  rep  adop  357-358,  enr  403,  sent  to  governor  423,  enacted  without  signa- 
ture 429-430,  451  (Chapter  48) 

HB  5  Establishing  an  emergency  energy  authority  and  making  an  appropriation 
therefor.  (Coutermarsh  of  Hil.  24,  LaRoche  of  Str.  11) 
New  title:  Re  the  office  of  energv  administrator. 

4,  am  &:  Approp  74-77,  am  189-190,  psd  195,  nonconc  S  am,  conf  308,  318,  new 
conf  400,  404,  2d  new  conf  405,  conf  discharged  407  (K) 

HB  6  Providing  overtime  pay  for  certain  classified  state  employees,  and  making 
an  appropriation  therefor.  (Noble  of  Mer.  21) 
4,  K  24 

HB  7  Permitting  municipalities  to  establish,  acquire,  maintain,  and  operate 
public  transportation  facilities  in  cooperation  with  governmental  units  of  ad- 
joining states  and  permitting  broader  cooperation  in  furnishing  of  municipal 
services.  (Chambers  of  Graf.  13  et  al) 

New  title:  Permitting  municipalities  to  establish,  acquire,  maintain,  and  operate 
public  transportation  facilities  in  cooperation  with  governmental  units  of 
adjoining  states;  permitting  broader  cooperation  in  furnishing  of  municipal 
services;  and  permitting  cities  and  towns  to  appropriate  money  for  group 
homes. 

4,  am  40-41,  psd  51,  nonconc  S  am,  conf  252,  recon,  cone  S  am  274,  enr  am 
306-307,  enr  335,  sent  to  governor  349,  signed  447  (Chapter  15) 

HB  8  Permitting  the  election  of  delegates  to  national  partv  conferences.  (Hil- 
dreth  of  Bel.  7,  Orcutt  of  Hil.  8) 
4,  K  28 

HB  9  Increasing  the  debt  limit  for  the  Londonderry  school  district.  (Boucher  of 
Rock.  3) 

4,  am  24,  psd  31,  enr  86,  S  cone  196,  signed  291  (Chapter  2) 

HB  10  Providing  for  a  special  license  to  hunt  pheasants;  and  authorizing  the 
director  of  fish  and  game  to  implement  a  buck  law  on  a  county,  town,  city,  or 
area  basis  with  the  approval  of  the  fish  and  game  commission.  (Mavnard  of 
Rock.  18  et  al) 

5,  K  42,  recon  rej  50 

HB  11  To  increase  the  salaries  of  state  classified  employees  and  non-exempt 
employees  of  the  university  system  and  providing  differential  pay  to  classified 
prison  employees  and  making  appropriations  therefor.  (Coutermarsh  of  Hil. 
24  et  al) 

First  new  title:  To  increase  the  salaries  of  state  classified  employees  and  em- 
ployees of  the  university  system  and  providing  differential  pay  to  classified 
prison  employees  and  correctional  psychiatric  aides  at  the  N.H.  state  ho.spital 
and  making  appropriations  therefor. 

Second  new  title:  To  increase  the  salaries  of  state  classified  employees  and 
employees  of  the  university  system  and  providing  differential  pay  to  classified 
prison  employees  and  correctional  psychiatric  aides  at  the  N.H.  hospital  and 
making  appropriations  therefor. 

Third  new  title:  To  increase  the  salaries  of  classified  employees  and  employees 
of  the  university  system  and  the  N.H.  network  and  providing  differential  pay 
to  classified  prison  employees  and  correctional  psychiatric  aides  and  providing 
nurses'  reclassification  at  the  N.H.  hospital  and  Laconia  state  school  and  making 
appropriations  therefor. 


Numerical  Index  473 

5,  am  Sc  Approp  24-26,  am  164-168,  psd  169,  nonconc  S  am,  conf  308-309,  318, 
rep  adop  397-399,  enr  am  405-406,  enr  407,  sent  to  governor  423,  signed  431-432, 
remarks  438,  signed  450  (Chapter  47) 

HB  12  Conforming  tax  commission  references  in  the  current  use  taxation  law  to 
the  revised  revenue  administration  laws.  (N'utt  of  Graf.  13) 
5,  psd  60-61,  84,  S  cone  252,  enr  253,  sent  to  governor  291,  signed  351  (Chapter 

<) 

HB  13  Repealing  the  termination  date  of  RSA  357-B  (Murray  of  Bel.  9) 

5,  psd  61,  84,  S  cone  313,  enr  335,  sent  to  governor  349,  signed  447  (Chapter 
20) 

HB  14  Revising  the  management-employee  relations  law  for  state  employment. 
(Coutermarsh  of  Hil.  24) 
5,  Study  61,  451 

HB  15  Re  redistricting  the  ward  lines  of  the  city  of  Laconia.  (Huot  of  Bel.  6, 
Hildreth  of  Bel.  7) 

5,  am  170-173,  psd  195,  cone  S  am  236,  enr  253,  sent  to  governor  291,  signed 
351  (Chapter  8) 

HB  16  Permitting  public  accountants  to  form  a  professional  association.  (Plourde 
of  Mer.  7) 

New  title:  Permitting  public  accountants  and  registered  professional  nurses  to 
form  professional  associations. 

5,  psd  28-29,  31,  cone  S  am  236,  enr  253,  sent  to  governor  291,  signed  351  (Chap- 
ter 10) 

HB  17  Increasing  the  mileage  rate  for  all  state  employees  using  privately  owned 
passenger  vehicles  and  making  an  appropriation  therefor.  (O'Connor  of  Str.  15, 
Hildreth  of  Bel.  7) 

5,  am  &  Approp  26-27,  am  154-155,  recon  rej  164,  psd  169,  cone  S  am  309,  enr 
335,  sent  to  governor  349-350,  signed  448  (Chapter  16) 

HB  18  Requiring  local  approval  prior  to  approval  of  site  plans  for  oil  refineries. 
(Dudley  of  Str.  4) 
New  title:  Requiring  local  option  for  siting  of  oil  refineries. 

5,  am  190-191,  psd  195,  nonconc  S  am,  conf  288,  307,  318-319,  rep  adop  382-383, 
enr  403,  sent  to  governor  423,  signed  449  (Chapter  36) 

HB  19  Increasing  the  amount  of  political  expenditures  authorized  for  candidates 
in  primary  and  general  elections  seeking  the  office  of  governor,  U.S.  senator, 
representative  in  congress,  governor's  councilor,  county  officer,  state  senator 
or  representative  to  the  general  court.  (McLane  of  Mer.  16,  Chandler  of  Mer. 

3) 

5-6,  psd  42-43,  51,  S  cone  233-234,  enr  234,  sent  to  governor  250-251,  veto  message 

&  SO  276-279,  292,  veto  sustained  (RC)  309-313 

HB  20  Increasing  the  interest  rate  of  housing  authority  bonds.  (Bigelow  of  Mtr. 

3) 

6,  psd  50,  51,  S  cone  233,  enr  234,  sent  to  governor  251,  signed  291  (Chapter  4) 

HB  21  Re  the  duties  of  the  state  board  of  education  and  prohibiting  the  ex- 
penditure of  public  moneys  in  non-public  schools  unless  said  schools  have 
program  approval  by  the  department  of  education.  (French  of  Bel.  1) 
New  title:  Re  the  duties  of  the  state  board  of  education  and  prohibiting  the 
expenditures  of  public  moneys  in  non-public  schools  unless  said  schools  have 
program  approval  by  the  department  of  education,  supervisory  union  account- 
ing of  federal  funds  and  establishing  the  office  of  chancellor  of  the  university 
of  N.H.  system. 

6,  am  32-33,  psd  51,  cone  S  am  319-320,  enr  336,  sent  to  governor  350.  signed 
418-419.  448  (Chapter  28) 

See  also  Subject  Index  preceding  this  index 


474  House  Journal 

HB  22  Establishing  a  critical  lands  commission;  providing  for  the  classification 
of  certain  land  areas  of  the  state  as  critical  and  making  an  appropriation  there- 
for. (Clafiin  of  Car.  4  et  al) 
6,  K  (RC)  34-38 

HB  23  Continuing  present  city  of  Somersvvorth's  elected  officials  in  office  until 
next  regular  election  and  electing  constitutional  convention  delegates  from 
old  wards;  and  permitting  the  city  of  Rochester  to  hold  a  referendum  to 
abolish  the  police  commission  and  amend  its  charter.  (Meserve  of  Str.  7,  La- 
Roche  of  Str.  11) 

Fust  new  title:  Continuing  present  city  of  Somersworth's  elected  officials  in 
office  until  the  next  regular  election  and  electing  constitutional  convention 
delegates  from  old  wards. 

Second  new  title:  Continuing  present  city  of  Somersworth's  elected  officials  in 
office  until  the  next  regular  election,  and  legalizing  the  election  of  d^jlegates 
to  the  constitutional  convention  from  the  old  wards  of  said  city. 
6,  am  &  psd  38-39,  cone  S  am  202,  enr  234,  sent  to  governor  251,  signed  291 
(Chapter  5) 

HB  24  Permitting  the  use  of  changeable  effective  date  designations,  such  as  decals, 
on  all  motor  vehicle  and  boat  registration  plates;  authorizing  the  governor  and 
council  to  establish  temporary  speed  laws;  and  exempting  certain  functions  re 
motor  vehicles  and  highways  from  the  provisions  of  the  administrative  pro- 
cedures act.  (Hamel  of  Rock.  11,  Woods  of  Rock.  22) 

First  new  title:  Permitting  the  use  of  changeable  effective  date  designations, 
such  as  decals,  on  all  motor  vehicle  and  boat  registration  plates;  authorizing 
the  governor  and  council  to  establish  temporary  speed  laAvs;  exempting  certain 
functions  re  motor  vehicles  and  highways  from  the  provisions  of  the  administra- 
tive procedures  act;  and  exempting  the  department  of  fish  and  game  from  pro- 
cedural requirements  of  their  rule  making  under  Title  XV'III,  until  June  30, 
1975. 

Second  new  title:  Permitting  the  use  of  changeable  effective  date  designations, 
such  as  decals,  on  all  motor  vehicle  and  boat  registration  plates;  authorizing 
the  governor  and  council  to  establish  temporary  speed  laAvs;  exempting  certain 
functions  relative  to  motor  vehicles  and  highways  from  the  provisions  of  the 
administrative  procedures  act;  exempting  the  department  of  fish  and  game  from 
procedural  requirements  of  their  rule  making  under  Title  XVIII,  until  June  30, 
1975;  and  providing  certain  free  motor  vehicle  privileges  to  disabled  veterans. 
6,  am  77-81,  psd  84-85,  nonconc  S  am,  conf  324-325,  341,  rep  adop  407-410,  411, 
enr  415,  sent  to  governor  423,  signed  449  (Chapter  45) 

HB  25  Changing  the  reporting  date  for  the  study  commission  on  the  problems 
of  unemployed  citizens  in  N.H.  (Hildreth  of  Bel.  7  Simard  of  Rock.  9) 

6,  psd  61,  84,  S  cone  252,  enr  253,  sent  to  governor  291,  signed  351,  com  mem- 
bers appointed  451    (Chapter  9) 

HB  26  Re  guaranteeing  a  minimum  adequate  income  for  the  elderly,  blind,  and 
disabled,  and  making  an  appropriation  therefor.  (Spirou  of  Hil.  27,  Plourde  of 
Mer.  7) 
6-7,  Study  61-62,  com  members  appointed  451 

HB  27  Re  carrying  a  loaded  pistol  on  an  OHRV,  as  defined  in  RSA  269-C.  (Gor- 
man of  Rock.  4) 

New  title:  Re  amending  certain  provisions  of  the  off  highway  recreational 
vehicle  law,  RSA  269-C. 

7,  am  81-84.  psd  85,  S  cone  288,  enr  306,  sent  to  governor  348,  signed  352,  422 
(Chapter  12) 

HB  28  Authorizing  Franklin  Pierce  College  to  grant  the  degree  of  juris  doctor. 
(French  of  Bel.  1) 
7,  am  29-30,  psd  31,  enr  86,  S  cone  196,  signed  291  (Chapter  3) 

HB  29  Re  tuition  payments  for  the  definitions  of  handicapped  persons  under 
the  age  of  21  and  amending  the  appropriation  for  same.  (French  of  Bel.  1) 
First  new  title:  Re  tuition  payments  for  the  definitions  of  handicapped  persons 
under  the  age  of  21  and  amending  the  appropriation  for  same  and  educational 
expenses  in  public  institutions. 


Numerical  Index  475 

Second  new  title:  Re  tuition  payments  for  handicapped  children;  amending  the 
appropriation  for  same;  defining  a  handicapped  child  as  a  person  up  to  the 
age  of  21;  and  providing  for  educational  and  other  expenses  in  public  institu- 
tions. 

7,  am  &  Approp  33-34,  am  62-63,  psd  84,  nonconc  S  am,  conf  308,  318,  rep  adop 
355,  356-357,  enr  403-404,  sent  to  governor  423,  signed  449  (Chapter  37) 

HB  30  Re  the  civil  commitment  procedures  in  the  probate  courts  and  detention 
and  discharge  procedures  for  the  mentally  ill.  (Roberts  of  Bel.  4,  Currier  of  Hil. 
15) 

7,  psd  41-42,  51  cone  S  am  293,  enr  306,  recalled,  nonconc  S  am,  conf  340,  rep 
adop  400-402,  403,  enr  407,  sent  to  governor  423,  signed  449  (Chapter  46) 

HB  31  Authorizing  the  public  utilities  commission  to  acquire,  as  agent  of  the 
state,  such  railroad  properties  within  the  state  deemed  to  be  necessary  for 
continued  and  future  railroad  operation  for  the  benefit  of  the  public,  and 
making  an  appropriation  therefor.  (Hoar  of  Rock.  8  ct  al) 

New  title:  Authorizing  the  public  utilities  commission  to  acquire,  as  agent  of 
the  state,  such  railroad  properties  within  the  state  deemed  to  be  necessary  for 
continued  and  future  railroad  operation  for  the  benefit  of  the  public  and 
authorizing  bonding  therefor;  provided  that  if  the  1975  general  comt  by  vote 
of  both  houses  prior  to  March  13,  1975  evidences  its  approval  the  foregoing 
authority  shall  on  that  date  be  transferred  to  the  N.H.  transportation  authority 
and  the  public  utilities  commission's  authority  shall  be  terminated. 
7,  am  &  Approp  48-50,  am  162-164,  psd  169,  nonconc  S  am,  conf  328,  340,  352, 
rep  adop  383-387,  388,  enr  406-407,  sent  to  governor  423-424,  enacted  without 
signature  432-433,  435-436,  451  (Chapter  49) 

HB  32  Re  the  commission  and  taxes  on  pari  mutuel  pools  at  dog  tracks.  (Couter- 
marsh  of  Hil.  24) 

7,  am  191-193,  psd  195,  S  cone  288,  enr  306,  sent  to  governor  348,  signed  354-355, 
422  (Chapter  13) 

HB  33  Re  the  Winnipesaukee  River  Basin  Control.  (Roberts  of  Bel.  43) 

First  new  title:  Re  the  Winnipesaukee  River  Basin  Control;  and  providing  for 
continuation  of  the  study  committee  on  the  water  supply  and  pollution  control 
commission. 

Second  new  title:  Re  the  Winnipesaukee  River  Basin  Control;  and  providing 
for  continuation  of  the  study  committee  on  water  supply  and  pollution  control 
commission. 

7,  am  &  Approp  43-46,  am  155-158,  recon  rej  164,  psd  169,  nonconc  S  am,  conf 
293,  319,  rep  adop  381-382,  enr  406,  sent  to  governor  424,  signed  449,  com  mem- 
bers appointed  451-452  (Chapter  41) 

HB  34  Re  energy  facility  evaluation,  siting,  construction,  and  operations  and 
providing  for  a  tax  on  refined  petroleum  products.  (Roberts  of  Bel.  4,  Couter- 
marsh  of  Hil.  24) 

New  title:  Re  energy  facility  evaluation,  siting,  construction,  and  operations; 
providing  for  a  tax  on  refined  petroleum  products;  and  establishing  an  energy 
facility  study  committee. 

7,  (division  I)  am  (RC)  174-188,  (division  II)  S  Ct  opin  req  188-189,  (division  I) 
psd  195,  S  Ct  opin  req  218-219,  printed  253-258,  nonconc  S  am,  conf  326,  340-341, 
rep  adop  376-381,  enr  404,  sent  to  governor  424,  signed  428-429,  449,  com  mem- 
bers appointed  452  (Chapter  39) 

HB  35  Providing  for  20  years  retirement  for  members  of  group  II  under  the  N.H. 
retirement  system,  permitting  the  transfer  of  members  of  the  N.H.  firemen's 
retirement  system  and  of  the  N.H.  policemen's  retirement  system  into  the 
N.H.  retirement  system  and  making  an  appropriation  therefor.  (Coutermarsh 
of  Hil.  24,  Roberts  of  Bel.  4) 

7-8,  am  (RC)  158-162,  psd  169,  nonconc  S  am,  conf  289-290,  319,  rep  adop 
375-376,  enr  403,  sent  to  governor  424  (Chapter  33) 

See  also  Subject  Index  preceding  this  index 


470  House  Journal 

HB  36  Permitting  the  sale  of  milk  in  three  quart  containers.  (Campbell  of  Rock. 

86,  psd   193-194,   195,  S  cone  313,  enr  335,  sent  to  governor  350,  signed  448 
(Chapter  21) 

HB  37  To  provide  for  the  repeal  of  the  law  tending  to  prohibit  hitchhiking. 
(Parker  of  Hil.  17) 

86,  psd  194,  S  cone  313,  enr  335,  sent  to  governor  350,  enacted  without  signa- 
ture 416-417,  451  (Chapter  31) 

HB  38  (Not  introduced) 

HB  39  Re  the  homeowners'  exemption  law.  (Read  of  Rock.  4) 
not  introduced  446 

HB  40  Providing  for  additional  pay  and  overtime  pay  for  nurses  at  N.H.  hos- 
pital, Laconia  state  school  and  training  center,  the  N.H.  youth  development 
center,  the  N.H.  home  for  the  elderly,  and  the  N.H.  veterans'  home,  and  mak- 
ing an  appropriation  therefor;  and  making  an  appropriation  for  overtime  pay 
for  conservation  officers. 

New  title:  Providing  for  additional  pay  and  overtime  for  nurses  at  N.H.  hos- 
pital, Laconia  state  school  and  training  center,  the  N.H.  youth  development 
center,  the  N.H.  home  for  the  elderly,  and  the  N.H.  veterans'  home,  and 
making  an  appropriation  therefor;  and  making  an  appropriation  for  overtime 
pay  for  conservation  officers;  and  providing  for  increases  in  classified  salaries 
for  recruitment. 
Intro,  am,  &  psd  444-445,  S  cone  446,  enr  447,  signed  450  (Chapter  52) 

HOUSE  CONCURRENT  RESOLUTIONS 

HCR  1  Memorializing  Miriam  Jackson.  (Milne  of  Hill.  25) 
intro  &  adop  27,  S  cone  32,  letter  from  Patrick  Jackson  52 

HCR  2  Establishing  a  joint  committee  to  study  the  railroad  conditions  and  re- 
lated matters  in  the  state  of  N.H.  (Milne  of  Hil.  25) 

27-28,  adop  173,  recon  wthd  194,  adop  195,  cone  S  am  235-236,  com  members 
appointed  452 

HCR  3  Re  the  protection  of  the  N.H.  fishing  industry.  (Tirrell  of  Str.  4) 
28,  adop  173,  195,  S  cone  230 

HCR  4  Re  rule  no.  32  —  neither  house  shall  adjourn  for  longer  than  5  days 
without  the  consent  of  the  other.  (Newall  of  Mer.  16) 
50,  com  changed  84 

HCR  5   Establishing   a   schedule  of  legislative   days   for   the   remainder  of  the 
special  session, 
intro  &  adop  219-220,  S  cone  230 

HCR  6  Proclaiming  March  26,  1974  as  "Robert  Frost  Day." 
intro  &  adop  231-232,  233,  S  cone  234 

HCR  7  Establishing  a  joint  committee  to  study  federal  funding  from  the  Ad- 
ministration on  Aging. 
intro  &  adop  293  294,  S  cone  307,  com  members  appointed  452 

SENATE  BILLS 

SB  1   Providing  for  open  and  honest  political  campaigns  in  N.H.  by  requiring 
greater  accountability  and  full  disclosure  of  campaign  contributions  and  ex- 
penditures;  and   protecting   party   loyalty   by   disqualifying  defeated   primary 
candidates  from  being  nominated  by  petition  under  certain  circumstances. 
198,  Study  333,  recon  rej  339-340,  com  453 

SB  2  To  provide  fairer  real  estate  taxes  for  the  elderly  through  a  partial  exemp- 
tion from  real  estate  taxes  for  persons  sixty-five  years  of  age  or  older,  under 
certain  circumstances,  and  compensating  cities  and  towns  for  consequent  loss 


Numerical  Index  477 

of  tax  base  and  making  an  appropriation  therefor,  and  making  certain  revi- 
sions in  the  homeowners'  exemption  law. 

197,  am  &  Approp  279-288,  am  &  psd  345-347,  S  rionconc,  conf  347-348,  rep 
adop  (RC)  411-415,  enr  415,  sent  to  governor  424  (vetoed) 

SB  3  Changing  the  compensation  of  certain  state  law  enforcement  employees 
and  fees  of  witnesses. 

169-170,  Approp  261,  psd  321,  323,  enr  336,  sent  to  governor  350,  signed  417- 
418,  448  (Chapter  29) 

SB  4  Re  penalties  and  forfeitures  for  noncompliance  with  sewage  and  waste  dis- 
posal rules  and  regulations  of  the  water  supply  and  pollution  control  com- 
mission. 

170,  am  268-269,  psd  289,  S  cone  307,  enr  335,  sent  to  governor  350,  signed  448 
(Chapter  17) 

SB  5   Providing  that  a  person   cannot  be  denied  unemployment  compensation 
benefits  if  he  refuses  a  job  too  distant  from  his  home. 
40,  IP  261-263 

SB  6  Re  landlord-tenant  relations. 

197,  K  238-239 

SB  7  Re  capital  improvements  to  the  Mt.  Washington  summit  and  making  an 
appropriation  therefor. 

198,  Approp  247-248,  am  314-315,  psd  318,  S  cone  334,  enr  347,  sent  to  governor 
422,  signed  448  (Chapter  30) 

SB  8  Re  the  distribution  of  testate  property  following  waiver  of  a  will  by  sur- 
viving spouse  and  re  the  form  of  notice  given  for  termination  of  parental 
rights. 

170,  am  272-274,  psd  289,  S  cone  307,  enr  335,  sent  to  governor  350,  signed  448 
(Chapter  18) 

SB  9  Legalizing  special  town  meetings  in  Wilmot  and  Pittsfield;  and  the  Sea- 
brook  school  district  meeting. 

New  title:  Legalizing:  certain  special  town  meetings  in  Wilmot,  Pittsfield,  En- 
field, Salisbury,  and  Salem;  1974  annual  town  meetings  in  Rye,  New  Castle, 
Exeter,  Salisbury,  Enfield,  Brentwood,  Chester,  and  Bethlehem;  the  Seabrook, 
Gilford,  and  Haverhill  school  district  meetings;  the  special  Hampton  Falls 
school  district  meeting:  the  Warner  village  fire  district  proceedings;  and  the 
February  19,  1974  postings  of  March  5,  1974  town  and  school  meetings. 
197,  am  326-327,  psd  334,  S  nonconc,  conf  341-342,  rep  adop  400,  403,  enr  406, 
sent  to  governor  424,  signed  450  (Chapter  43) 

SB  10  Establishing  a  sire  stakes  program  and  a  standardbred  breeders  and  own- 
ers development  agency. 

New  title:  Establishing  a  sire  stakes  program  and  a  standardbred  breeders  and 
owners  development  agency,  and  making  an  appropriation  therefor. 

197,  am  &  Approp  236-238,  am  315-317,  psd  318,  S  nonconc,  conf  342,  rep  adop 
388,  399,  enr  406,  sent  to  governor  424,  signed  450  (Chapter  42) 

SB  11  Establishing  a  state  historic  preservation  office  and  making  an  appropria- 
tion therefor. 

198,  Approp  261,  psd  321-322,  324,  enr  336,  sent  to  governor  350,  enacted  with- 
out signature  451  (Chapter  32) 

SB  12  To  further  protect  the  rights  of  mobile  home  owners  by  requiring  the 
consumer  protection  division  of  the  attorney  general's  office  to  promulgate 
guidelines  as  to  what  constitutes  reasonable  rules  and  regulations  for  mobile 
parks  and  by  requiring  that  tenants  be  given  copies  of  such  rules  and  regula- 
tions. 

See  also  Subject  Index  preceding  this  index 


478  House  Journal 

New, title:  To  further  protect  the  rights  of  mobile  home  owners  by  requiring 
that  mobile  home  park  owners  and  operators  state  the  rules  and  regulations 
of  the  park  in  writing  and  provide  all  tenants  with  copies  of  the  rules  and  to 
encourage  the  construction  of  mobile  home  parks  by  not  prohibiting  the  so- 
called  "first  sale"  restriction  in  a  new  park. 

197,  am  263-266,  psd  289,  S  cone  307,  enr  335,  sent  to  governor  350,  signed  420, 
448  (Chapter  19) 

SB  13  Establishing  a  combined  horse  and  dog  racing  commission. 
Study  453 

SB  14  Re  election  of  delegates  to  the  constitutional  convention  from  Berlin. 
20,  psd  21,  enr  22,  signed  291  (Chapter  1) 

SB  15  Transferring  permanent  state  prison  employees  from  group  I  of  the  N.H. 
retirement  system  to  group  II  or  from  the  state  employees'  retirement  system 
to  group  II,  and  making  an  appropriation  therefor. 
170,  Approp  231,  Fiscal  com  336-337,  453 

SB  16  Expanding  the  definition  of  "industrial  facility"  under  the  industrial  de- 
velopment authority  to  include  post-secondary  educational  facilities 
Study  453 

SB  17  Re  the  N.H.  port  authority,  the  construction  of  fishing  facilities  at  Ports- 
mouth, Hampton  and  Rye  harbors,  and  the  location  of  marine  science  docking 
and  related  facilities  for  the  university  of  N.H.  and  making  an  appropriation 
therefor. 

197,  am  &  Approp  266-268,  am  &  psd  342-345,  S  nonconc,  conf  349,  rep  adop 
383,  396-397,  enr  406,  sent  to  governor  424,  enacted  without  signature  432-434, 
451  (Chapter  50) 

SB  18  Providing  additional  cost  of  living  increases  for  retired  members  of  the 
N.H.  teachers'  retirement  system,  the  N.H.  policemen's  retirement  system,  the 
N.H.  firemen's  retirement  system,  the  N.H.  retirement  system  and  the  state 
employees'  retirement  system,  and  making  an  appropriation  therefor;  providing 
for  compensatory  contributions  for  interrupted  service;  and  providing  for  an 
actuarial  study  of  prefunding  to  be  paid  out  of  escrowed  funds  derived  from 
an  interest  assumption  change. 

197-198,  Approp  238,  psd  337-339,  enr  387,  sent  to  governor  425,  signed  428, 
450  (Chapter  35) 

SB  19  Specifying  procedures  for  termination  of  residential  gas  or  electric  services. 

198,  201,  am  247,  psd  249,  S  cone  252,  enr  253,  sent  to  governor  291,  signed  351 
(Chapter  11) 

SB  20  Providing  for  regulation  of  franchise  agreements  for  the  sale  of  gasoline. 
New  title:  Providing  for  regulation  of  franchise  agreements  for  the  sale  of  gaso- 
line and  requiring  the  posting  of  motor  fuel  prices. 

199,  201,  am  295-296,  psd  313,  S  cone  319,  enr  336,  sent  to  governor  350,  signed 
448  (Chapter  24) 

SB  21  Establishing  a  commission  on  children  and  youth. 
199,201,  Study  321,453 

SB  22  Establishing  a  study  committee  to  develop  a  plan  to  provide  public  assist- 
ance to  private  institutions  of  higher  learning  in  this  state. 

New  title:  Establishing  a  study  committee  to  develop  a  plan  to  provide  public 
assistance  to  private  institutions  of  higher  learning  in  this  state  and  relating  to 
the  Lafayette  regional  school  district  and  Bethlehem  school  district. 
198,  201,  am  258-260,  psd  289,  S  cone  307,  enr  336,  sent  to  governor  350,  signed 
448,  com  members  appointed  453  (Chapter  22) 

SB  23  Re  the  membership  of  municipal  planning  boards  and  providing  for  the 
creation  of  cooperative  regional  planning  commissions. 

New  title:  Re  the  membership  of  municipal  planning  boards,  conservation 
commissions,  and  historic  district  commissions. 

198,  201,  am  328-332,  psd  334,  S  nonconc,  conf  341,  352,  rep  adop  402-403,  404, 
enr  406,  sent  to  governor  425,  signed  450  (Chapter  44) 


Numerical  Index  479 

SB  24  Authorizing  cities  and  towns  to  giant  franchises  for  cable  television  sys- 
tems. 
198,  201,  am  269-271,  psd  289,  S  cone  307,  enr  336,  sent  to  governor  350,  signed 

448  (Chapter  23) 

SB  26  Providing  for  retirement  benefits  for  supreme  and  superior  court  justices. 
198,  201,  Approp  231,  am  320,  psd  &  S  cone  334,  enr  347,  signed  419,  sent  to 
governor  422,  signed  448  (Chapter  25) 

SB  27  To  better  protect  the  safety  of  N.H.  citizens  and  law  enforcement  officers 
by  changing  penalties  for  homicide  in  certain  circumstances. 

198,  201,  am  (RC)  296-306,  psd  313,  S  nonconc,  conf  355  356,  404-405,  rep  adop 
411,  enr  415,  sent  to  governor  425  (Chapter  34) 

SB  28  To  establish  standards  of  care  and  treatment  of  alcoholics,  intoxicated 
persons,  and  drug  dependent  people. 

199,  201,  Study  332-333,  453 

SB  29  Exempting  enterprises  selling  spirits  and  wines  to  the  state  of  N.H.  from 
the  business  profits  tax. 
199,  201,  K  274-276 

SB  31  Authorizing  the  cities  of  Berlin  and  Keene  to  acquire,  develop,  and  oper- 
ate industrial  parks  within  each  such  city  and  to  aid  the  construction  and  ex- 
pansion of  industrial  facilities  within  each  such  city  by  the  issue  of  revenue 
bonds. 
276,  294-295,  psd  323,  324,  enr  am  334-335,  enr  347,  sent  to  governor  422,  signed 

449  (Chapter  26) 

SB  33  Legalizing  the  authorization  of  bonds  by  the  town  of  Durham, 
intro  &  psd  436-437,  enr  443,  signed  450  (Chapter  51) 

SB  34  To  provide  fairer  real  estate  taxes  for  the  elderly  through  a  partial  exemp- 
tion from  real  estate  taxes  for  persons  seventy  years  of  age  or  older,  under 
certain  circumstances,  and  compensating  cities  and  towns  for  consequent  loss 
of  tax  base  and  making  an  appropriation  therefor,  and  providing  for  an  elec- 
tion between  the  homeowners'  exemption  and  the  elderly  exemption, 
intro  &:  LT  447 

SENATE  JOINT  RESOLUTIONS 

SJR  1  Compensating  Rene  Boucher  for  mileage  while  serving  on  the  committee 
of  voter  registration  and  checklists. 
170,  psd  230,  233,  enr  234,  sent  to  governor  251,  signed  291  (Chapter  6) 

SJR  2  Establishing  an  interim  committee  to  study  oil  companies  and  other  en- 
ergy suppliers. 
199,  201,  K  271-272,  recon  notice  290-291 

SJR  3  Establishing  a  committee  to  study  highway  safety  and  motor  vehicle 
weight,  length,  and  vvidth  requirements. 

252,  am  325-326,  psd  &:  S  cone  334,  enr  347,  sent  to  governor  422,  signed  449, 
com  members  appointed  454  (Chapter  27) 

SENATE  CONCURRENT  RESOLUTIONS 

SCR  1  Refcning  the  question  of  the  reclassification  of  a  certain  highway  in  the 
town  of  Clarksville  to  a  joint  legislative  committee. 
197,  adop  322,  com  454 

SCR  2   Referring  the  question  of  compensation  for  the  town  of  Gorham  to  a 
joint  legislative  committee. 
197,  adop  322-323,  com  454 

SCR  3  Re  school  safety  patrol. 
intro  &  adop  252 

See  also  Subject  Index  preceding  this  index